KAMESHWARINDRA GURU Vs. CHATTU PRASAD MAHTO

JUDGEMENT

(1.) This is an application under Section 115 of the Code of Civil Procedure by the defendant against an order dated 4.8.1980 by which the court below has allowed amendment of the plaint on the grounds, that it would not cause any injury to the defendant nor the amendment of the plaint changes the nature of the suit nor does it change the subject matter and the cause of action of the suit. The suit out of which this civil revision arises is a simple suit for specific performance of contract as disclosed by the plaint marked as Annexure-1.

(2.) The amendment sought for, as disclosed by the application for amendment, which is marked as Annexure-2 as follows:

(3.) The short facts of this case is that on 19.6.1975 the plaintiff/opposite party entered into an agreement with the defendant petitioner for sale of the scheduled property the consideration amount of the said contract was a sum of Rs. 4,400 and the agreement was reduced in writing on a stamped paper. The defendant promised to execute a registered sale deed in respect of the property in question by the month of October, 1975 and that he would not sell the property in question to any body else except to the plaintiff. It is said that Rs. 2500.00 was paid as advance and the balance sum of Rs. 1900 out of the total consideration amount was agreed to be paid by the plaintiff to the defendant at the time of the execution and registration of the sale deed. The plaintiff thereafter, approached the defendant several times with the balance sum of Rs. 1900 for execution of the sale deed but in vain. Ultimately, the plaintiff demanded execution of the sale deed by a registered notice. But still the defendent evaded execution of the document in question and, therefore, the suit with a prayer that the plaintiff be declared to be entitled to get the sale deed executed and registered by the defendant in respect of the Schedule A property and in the event the defendant does not execute and register the sale deed by a particular date the same may be done by the agency of the Court on plaintiff's depositing in Court the balance of sum of Rs. 1900. Alternatively it was prayed that if it is found that the plaintiff is not entitled to specific performance of contract the advance money of Rs. 2500.00 paid to the defendant with interest be ordered to be refunded to the plaintiff.