ALI MOHD Vs. KABIR AND OTHERS

JUDGEMENT

(1.) By way of this petition under Article 227 of Constitution of India, petitioner has sought setting aside the order dated 17.07.2015 passed by Civil Judge (Junior Division), Mewat whereby application filed by the plaintiff-petitioner under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure (for short, "the Code") was dismissed.

(2.) The petitioner filed a suit for declaration with consequential relief of permanent injunction alleging that a co-villager of his brother-inlaw Norang (sister's husband) had executed an agreement of sale dated 20.06.1995 in his favour in respect of land measuring 82 Kanals 4 Marlas situated in the revenue estate of village Ranika Malab for a consideration of Rs.4,25,000/-. Out of sale consideration, Rs.1 lac was paid by him as earnest money and the balance amount was to be paid on the targeted date i.e. 20.06.1996. Subsequently, in December, 2011 he came to know that his brother-in-law Norang (since deceased) and his sons (defendants-respondents No.1 and 2) had played fraud with him in collusion with the vendor, document writer and the witnesses to the sale deed and had got executed the sale deeds in their favour. He challenged the sale deeds and the revenue entries recorded on the basis of the sale deeds as illegal, null and void and not binding on his rights.

(3.) Respondents-defendants No.1 and 2 as well as the second set of defendants, who were subsequent purchasers from Norang and defendants No.1 and 2 appeared and contested the suit on various legal and factual grounds. Issues were framed on the rival contentions of the parties and they were called upon to adduce evidence. After the petitioner-plaintiff stepped into the witness box and made statement in the shape of an affidavit, but before he could be cross examined, he moved an application under Order 6 Rule 17 read with Section 151 of the Code for inserting an alternative relief of claiming specific performance of the agreement of sale by way of amendment. The application was opposed by the opposite side and considering the submissions made on behalf of the parties, the application was dismissed by learned trial Court vide order dated 17.07.2015.