RAJINDER MOHAN Vs. MANOHAR LAL

JUDGEMENT

(1.) Manohar Lai filed a suit for recovery of Rs. 20,600/- (Rs. 20,000/- as principal and Rs. 600/- as interest) against Rajinder Mohan son of Shri Lal Chand.

(2.) It seems that defendant entered into an agreement with the plaintiff to sell some property. The plaintiff advanced a sum of Rs. 20,000/- to the defendant vide agreement dated 23.12.1993. However, for reasons best known to him instead of filing a suit for possession by way of specific performance of the agreement and in the alternative for recovery of damages, he filed a suit for recovery of the money i.e., the amount paid by him under the agreement as the earnest money with interest. After some time, the plaintiff moved an application under Order 6 Rule 17, Code of Civil Procedure, seeking amendment of the plaint by seeking relief of specific performance of the agreement i.e. for possession of the property agreed to be purchased and in the alternative for the recovery of Rs. 3,00,000/- i.e., Rs. 20,000/- as the earnest money and Rs. 2,80,000/- as damages.

(3.) The trial Court after hearing arguments in the application came to the conclusion that the proposed amendment did not in anyway change the nature of the suit as both the reliefs are based upon the agreement to sell which has been set up in the suit. The application was consequently allowed subject to payment of Rs. 50/- as costs. Hence this revision at the instance of the defendant.