SITTU KHAN Vs. SMT. HUSSAN BANO

JUDGEMENT

(1.) This petition is directed against the order dated 31.10.2012 passed by learned Civil Judge (Junior Division), Court No.2, Paonta Sahib, District Sirmaur, H.P. in CMA No.232/6 of 12 in Civil Suit No.150/1 of 2009, rejecting the application for amendment of the plaint.

(2.) The petitioner on 14.12.2009 has filed a suit for recovery of Rs.1,40,000.00 against respondent on the basis of agreement for sale dated 8.4.2009 of 4 bighas land at the rate of Rs.1,12,500.00 per bigha. It has been stated that during the pendency of the suit, the respondent on 29.12.2010 has sold the entire land of her share to Dr. Puran Chand Medical Charitable Trust at the rate of Rs.92,300.00 per bigha. The sale price settled between the petitioner and respondent was Rs.1,12,500.00 per bigha.

(3.) The petitioner by way of amendment intends to add para-6A in the plaint and wants to take the plea that respondent on 29.12.2010 had sold the entire land to Dr. Puran Chand Medical Charitable Trust at the rate of Rs.92,300.00 per bigha. The sale price settled between the petitioner and respondent was Rs.1,12,500.00 and after gap of about two years the respondent sold the same at a lesser price which clearly shows that the land in possession of the respondent is inferior.