ASHOK KUMAR Vs. MANORAMA SHARMA

JUDGEMENT

(1.) THE contour of the facts & material, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record, is that, initially, respondent -plaintiffs Manorama Sharma and her husband Ramesh Chand (for brevity "the plaintiffs") have instituted the civil suit for a decree of specific performance of contract of sale dated 4.6.2010 and for permanent injunction against petitioner -defendants Ashok Kumar son of and Ishwar Devi wife of Durga Ram (for short "the defendants"). The defendants contested the suit, filed written statement, stoutly denied all the allegations contained in it and prayed for its dismissal.

(2.) HAVING framed the issues arising out of the pleadings of the parties, the case was slated for evidence of plaintiffs. They have produced three PWs and counsel for defendants cross -examined them at length.Subsequently, the defendants moved the application (Annexure P1) for amendment of written statement, so as to take a contrary plea in it that they were badly in need of money. Therefore, they approached the plaintiffs and requested them to arrange loan of Rs. 4 lacs on formal and simple interest @ 12% p.a. for 2 -3 months. The plaintiffs agreed to advance the loan amount on the condition that for its security, an agreement to sell regarding the suit property would be executed by the defendants in their favour. It will merely be a paper transaction. The same would be cancelled on payment of loan. They have also obtained their signatures on some blank papers.

(3.) THE plaintiffs refuted the claim of defendants for amendment of written statement, filed the reply (Annexure P2) to the application denying all the allegations contained in it and prayed for its dismissal.