KULTAR SINGH Vs. PRITAM SINGH

JUDGEMENT

(1.) The plaintiffs, who have filed suit for specific performance of the agreement to sell dated 4.1.1999, have filed this petition under Article 227 of the Constitution of India for setting aside the order dated 14.2.2007, passed by Civil Judge (Junior Division), Jagadhri, whereby the trial court has dismissed their application for amendment of the plaint.

(2.) While amending the plaint, the plaintiffs want to introduce that even after execution of the sale deed in favour of the plaintiffs by subsequent purchaser Samay Singh-defendant No.2, they are entitled to the recovery of Rs. 1,05,000/-, which they had paid as earnest money to Mela Singh. The said application for amendment of the plaint has been dismissed by the trial court while observing that after filing of the suit, the plaintiffs have purchased the suit property from the subsequent purchaser, who was arrayed as defendant No.2, therefore, they have waived their right to seek enforcement of agreement to sell dated 4.1.1999. In view of this fact, it has been held that the plaintiffs are not entitled to claim the amount of earnest money from Mela Singh. However, it has been observed that it will be open for the plaintiffs to recover the said amount from Mela Singh by filing a separate suit.

(3.) I have heard counsel for the petitioners and gone through the impugned order.