RANVIR KOCHHAR Vs. MANI RAM

JUDGEMENT

(1.) This revision petition is filed by the petitioner -defendant against an order rejecting an application for amendment of written! Statement passed by the District judge, Chamba Division, Chamba in Case No.31 of 1997 on 20th November, 1999 titled Ranbir Kochhar v. Mani Ram.

(2.) The petitioner is the original defendant and the respondent is the original plaintiff. It is the case of the petitioner -defendant that on 27th June, 1982, the respondent -plaintiff agreed to sell a house situated at Dalhousie for a consideration of Rs. One lac. As per the agreement, the defendant had paid a sum of Rs.40,000/ - to the plaintiff and the plaintiff put the defendant in possession of the house. It was agreed between the parties that the remaining amount of Rs.60,000/ - would be paid by the defendant to the plaintiff on or before 25th July, 1983 and then the plaintiff was to execute sale deed in favour of the defendant. It was further agreed that if there was default on the part of the plaintiff in executing the sale deed as agreed, he would be liable to pay an amount of Rs.80,000/ - to the defendant. Conversely, if there was default in making payment of remaining amount by the defendant, the amount of Rs.40,000/ - which had already been paid would be forfeited by the plaintiff. The sale deed in question could not be executed. The case of the plaintiff was that there was breach of agreement by the defendant and as he was in possession of the property, the plaintiff fled a suit on 6th June, 1986 for possession of the house. It was alleged in the plaint that the defendant failed to pay the remaining amount of Rs.60,000/ - and, hence, sale deed could not be executed.

(3.) In the written statement, the plea of the defendant was that it was the plaintiff, who failed to execute the sale deed. He, therefore, set up a counter claim of Rs.80,000/ - on the ground that there was violation of terms and conditions on the part of the plaintiff.