BALJINDER SINGH Vs. BHAGAT RAM

JUDGEMENT

(1.) By way of instant petition, the petitioner has challenged order dtd. 22/2/2024 passed by learned Senior Civil Judge, Nalagarh in CMA No. 199/24 in Civil Suit No. 102/1 of 2017, whereby the application of the petitioner for amendment of written statement has been dismissed.

(2.) Petitioner is the defendant in original suit before the learned trial Court. The parties hereinafter shall be referred by the status as they hold before the learned trial Court.

(3.) Plaintiff has filed a suit against the defendant for specific performance of agreement to sell dtd. 11/9/2014. It is alleged that the defendant had agreed to sell the land comprised in Khata/Khatauni No. 33/35, Khasra No. 348/131, measuring 3-18 bighas, situated at Mauza Sauri, Tehsil Nalagarh, District Solan, H.P. for a total sale consideration of Rs.15,60,000.00 i.e. @ of Rs.4,00,000.00 per bigha. As per the plaintiff, he had paid a sum of Rs.13,00,000.00 in advance towards the sale consideration to the defendant at the time of execution of agreement dtd. 11/9/2014. The plaintiff also claims to have been put in exclusive possession of the suit land at the time of agreement. The balance amount of Rs.2,60,000.00 as per the plaintiff was agreed to be paid to defendant on or before 11/9/2015 which was agreed to be the date for execution and registration of sale deed.