OMWATI Vs. ANITA DEVI & ORS.

JUDGEMENT

(1.) Petitioner seeks to assail order dated 11.02.2015 vide which application of the plaintiff petitioner for additional evidence has been dismissed by the Civil Judge (Junior Division) Rewari. Plaintiff filed a suit for possession by way of specific performance on the basis of agreement to sell dated 25.05.2011 executed by defendant No.1 in favour of plaintiff in respect of 18 marlas of land for a total sale consideration of Rs. 1,20,000.00. An earnest amount to the tune of Rs. 90,000.00 was paid and target date for execution of sale deed was fixed as 25.06.2011. Plaintiff alleged that on the date fixed, he attended the office of Sub-Registrar and got his presence marked, but the defendant No.1 failed to fulfil her part of obligation, rather she sold the land in question to respondents No.2 and 3 vide registered sale deed dated 25.07.2011. That is how respondents No.2 & 3 came to be impleaded as defendants in the suit.

(2.) The suit was filed on 17.08.2011. Plaintiff alleged that when statement of Omkar @ Ombir was recorded as DW-3, at that time he disclosed to the plaintiff that he had already sold his share of land to defendant No.1 vide registered sale deed dated 25.02.2009. Thereafter, plaintiff verified the factum of aforesaid sale and moved an application for leading additional evidence at that stage. In the written statement filed by defendant No.1, she took the following stand:-

(3.) Apparently, in the stand taken by the defendant No.1, she alleged that Omkar is owner of half of the share besides other shares owned by other persons. Learned counsel for the petitioner contends that in the plaint she has pleaded that defendant No.1 is absolute owner of the suit land. The additional evidence would be in consonance with the stand taken by the plaintiff in the plaint as well as in consonance with the alleged title passed over to defendants No.2 and 3, by virtue of sale deed dated 25.07.2011 which came to be registered subsequent to agreement to sell in question.