MAYA DEVI Vs. JAGPAL SINGH AND ANOTHER

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the judgment and order dated 23.11.2012 passed by the Additional District Judge, Court No.3, Bareilly in Appeal No. 24 of 2009 Maya Devi Vs. Jagpal Singh by which paragraph 2 of the amendment application proposing to make amendment in the pleadings in the original suit has been rejected, and with a further prayer that the learned Court below be directed to allow the petitioner / plaintiff for making amendment as sought in her amendment application.

(2.) Learned counsel for the petitioner while arguing the matter has pointed out that the defendant / respondent no. 1 was a co-tenure holder of Gata No. 114, measuring 4.558 hectare, of which he was holding 1/12 share situated at village Mirzapur, Pargana Faridpur, District Bareilly. The respondent no. 1 executed an agreement to sell his share of the aforesaid land on a consideration of Rs. 64,000/- in favour of the petitioner and the petitioner paid Rs. 20,000/- as advance on 19.7.2001 and an agreement to sell was also executed by the respondent no. 1 in favour of the petitioner, which was registered. In the said agreement to sell, it was provided that the respondent no. 1 shall execute the sale deed in favour of the petitioner after taking the balance amount for her upto 10.6.2002.

(3.) It is the case of the petitioner that she repeatedly requested the respondent no. 1 to take the balance amount, but he kept on delaying the matter and on 16.7.2002 and 19.7.2002, the petitioner sent registered notices to the respondent no.1 for executing the sale deed and again on 24.8.2002 another notice was served, but the respondent no.1 did not turn up in the office of the Sub-Registrar, Faridpur, Bareilly for executing the sale deed. The petitioner thereafter filed civil suit in the Court of Civil Judge (Senior Division), Bareilly and sought relief of a decree for specific performance, and for a direction to the respondent no. 1 to execute the sale deed in favour of the petitioner in view of agreement dated 19.7.2001 of 1/12 share of Gata No. 114 situated at village Mirzapur, District Bareilly.