JAGDEV SINGH Vs. GURSEWAK SINGH

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 1.6.2012, passed by the learned court below, whereby the application for amendment of the suit filed by the respondent-plaintiff, was allowed.

(2.) Brief facts, as are available on record, are that respondent No. 1-plaintiff filed a suit for recovery of Rs. 37,00,000/-, i.e., Rs. 18,50,000/- paid as earnest money and Rs. 18,50,000/- as damages in terms of the agreement to sell dated 28.5.2007, executed by the petitioner in favour of the respondent. Further prayer was made for permanent injunction restraining the petitioner from alienating the suit property. The suit was filed on 14.1.2008. In the aforesaid suit, the respondent-plaintiff filed application for amendment seeking to claim relief of possession by way of specific performance of agreement to sell. The amendment having been allowed by the court below, the order has been impugned in the present petition.

(3.) Learned counsel for the petitioner submitted that execution of the agreement to sell dated 28.5.2007 is not in dispute. In terms thereof, last date for execution of the sale deed was 30.11.2007. The respondent-plaintiff filed the suit for recovery of earnest money and damages and further for permanent injunction on 14.1.2008. No relief of possession by way of specific performance of agreement to sell was claimed. The application seeking amendment of the plaint was filed on 18.3.2011. The relief of possession by way of specific performance of agreement to sell was timebarred on that day, hence, the plaint could not be permitted to be amended for claiming a time-barred relief. The limitation to file a suit for possession by way of specific performance of agreement to sell expired on 29.11.2010. In support of his plea, reliance was placed upon K. Raheja Constructions Ltd. v. Alliance Ministries, 1995 AIR(SC) 1768 Van Vibhag Karamchari Griha Nirman Sahkari Sanstha Maryadit (Regd.) v. Ramesh Chander and others, 2010 14 SCC 596; Smt. Krishna Rani v. Ram Kishan, 2002 4 RCR(Civ) 373 and Madan Lal v. S. L. Maloo and others, 2012 167 PunLR 221.