RADHA RAMAN SHARMA Vs. RAJ KUMAR

JUDGEMENT

(1.) Challenge in the present revision petition is to the order dtd. 19/7/2022 (Annexure P-7) passed by learned District Judge, whereby, an application filed by the respondent-plaintiff under Order 6 Rule 17 CPC, for amendment of the plaint, at the stage of first appeal, was allowed.

(2.) That, Civil Suit bearing No.133 of 2018 was filed by the respondent (plaintiff before learned trial Court), for seeking possession by way of specific performance of the contract/agreement to sell dtd. 27/6/2017, with consequential relief of permanent injunction.

(3.) As per the version of the respondent-plaintiff, the petitioner- defendant, had entered into a registered agreement to sell dtd. 27/6/2018, with regard to the sale of suit property, for total consideration of Rs.19,30,000.00. Out of the said amount, respondent-plaintiff had paid an amount of Rs.6,00,000.00 on 20/3/2015, Rs.8,00,000.00 on 17/6/2016, Rs.2,30,000.00 on 14/3/2017 in cash and Rs.2,00,000.00 was paid through cheque No.000035 dtd. 27/6/2017, to the defendant.