TARLOK SINGH Vs. VIJAY KUMAR SABHARWAL

JUDGEMENT

(1.) This revision petition is directed against the order of the Trial Judge whereby he allowed the amendment of the plaint to incorporate the plea that the plaintiff is entitled to a decree for possession by way of specific performance of the agreement to sell dated 1st Dec., 1984.

(2.) The facts:

(3.) An agreement to sell was executed by the defendant/petitioner on 21st Dec., 1984 in favour of the plaintiff/respondent. The sale deed was to be executed on or before 28th Jan., 1985. The date was extended for the execution of the sale deed by mutual consent of the parties. An instrument was executed on 15th Aug., 1985 that the sale deed will be executed within 15 days from the date of vacation of stay order in a litigation in which the vendor was a party. After the vacation of the stay order, the intimation was not given by the vendor to the vendees to get the sale deed executed. The vendees were apprehending that the vendor may not transfer the property to some other person and tit is in these circumstances that a suit for permanent injunction restraining the vendor from alienating the property to a third person was filed on 24th Dec., 1987. During the pendency of the suit, an application under Order 6 rule 17 Code of Civil Procedure for amendment of the plaint to incorporate the plea of possession by specific performance of the agreement to sell was dated 21st Dec., 1984 filed.