M/S Omaxe Chandigarh Extension Developers Pvt Ltd v. Amrik Singh and Others

CR-977-2025 1

o o o INoTHEoHIGHoCOURToOFoPUNJABoANDoHARYANAo o o o AToCHANDIGARHo o

(121)oo o o o oooooooooooooooooooooCR-977-2025o o o o o o o o DateoofoDecision:o15.02.2025o o M/soOmaxeoChandigarhoExtensionoDevelopmentoPvt.oLtd.o o o o o o o o o o ……Petitionero Versuso AmrikoSinghoandootherso o o o o o o o o o o o o o o o …….oRespondentso CORAM:o HON'BLEoMS.oJUSTICEoSUDEEPTIoSHARMAo o Present:oo Mr.oTejeshwaroSingh,oAdvocate,owithoo o o Ms.oDewanganaoChhillar,oAdvocate,oforotheopetitioner.o o o o ****o SUDEEPTIoSHARMA,oJ.(ORAL)o o

1.o o TheopresentorevisionopetitionohasobeenofiledounderoArticleo227oofo theo Constitutiono ofo Indiao foro settingo asideo theo ordero datedo 23.01.2025o (AnnexureoP-4)opassedobyolearnedoAddl.oCiviloJudge,o(Sr.oDivn.)oKharar,oSASo Nagar,owherebyotheoapplicationofiledobyotheopetitionerounderoOrderoVIoRuleo17o Codeo ofo Civilo Procedureo datedo 17.01.2025o (Annexureo P-2)o seekingo amendmentoofoplaintowasodismissed.o

2.o o Learnedocounseloforotheopetitionerocontendsothatoheofiledoaocivilo suitoseeking,ointeroalia,oadecreeoofopossessionobyowayoofospecificoperformanceo ofoagreementotoosellodatedo16.08.2017.ooHeofurtherocontendsothatoalthoughoallo relevantodetailsoandoparticularsowereoincludedoinotheoplaint,owhereas,ototalosaleo considerationoandotheoearnestomoneyoalreadyopaidotootheodefendantsoNo.1otoo3o 2025.02.18 18:58wereoinadvertentlyoomittedofromotheoheadnoteoandoprayeroclause.ooHeofurthero CR-977-2025 2

'ontendsothatotheosameoareo'learl6ostatedoinotheopleadingsoo(otheosuit.oLearnedo 'ounselo (urthero 'ontendso thato theo 'aseo iso no%o ato theo eviden'eo stageo ando examination3in3'hie(o o(o P=3*ohaso +eenodoneoonoti:.0,.,0,1.o <eo there(ore&o pra6so thato presento petitiono +eo allo%edo ando theo impugnedo ordero datedo *-.0*.,0,1o2AnnexureoP3,5o+eosetoaside.o /.o o I have heard learned counsel for the petitioner and perused the whole record of the case.

¶4A perusal of record shows that petitioner filed a suit in which headnote and prayer clauses are reproduced as under: HEADNOTE "Suit for decree for possession by way of specific performance of agreement to sell 16.08.2017 executed by defendants No.1, 2 and 3 in favour of plaintiff whereby defendant No.1 agreed to sell his share of land measuring 16 kanal 9.5 marlas comprised in Khasra Nos.21//4 (8-0), 7 (7-19), 8/1 (0-9), 8/2 (0-7), 13 (1-7), 14 (7-18), 16 (2-16), 17 (3-15), 22//31 (10-15) situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 and defendant No.2 agreed to sell his share of land measuring 05 kanal 13 marlas comprised in Khasra No.22//28 (2-19), 21//26 (2-14) situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 and defendant. No.3 agreed to sell his share of land measuring 16 kanal 12.5 marla comprised in Khasra No.21//5 (7-19), comprised 6 (8-0), 15 (8-0), 22//11 (8-0), 22//12 (2-14), 22//31 (10-15) situated at Village Chahar Majra, situated H.B.No.19, Sub Tehsil Majri, 2015-2016 in favour of the plaintiff in the presence of the witnesses. And for decree for declaration that the sale deeds bearing Vasika Nos. 1461 dated 24.12.2018 in respect of land measuring 16 Kanal 5-1/2 marlas comprised in Khasra No.21//4 CR-977-2025 3

(8-0), 7(7-19), 8/1 (0-9), 8/2 (0-7), 13 (1-7), 14 (7-18), 16 (2-16), 17 (3-15), kittee 8 situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 and sale deed bearing Vasika No.1460 dated 24.12.2018 executed by defendants No.2 and 3 in favour of defendant No.4 in respect of land marlas measuring 17 Kanal 6-1/2 marlas comprised in Khasra No.21//5 (7-19), 6 (8-0), 15 (3-0), 22//11 (8-0), 12 (2-14), kittee 5 situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for year 2015-2016 (ownership of Jagtar Singh is 26334/69300 of share and ownership of Saudagar Singh is 8316/69300 share) and vasika No.1459 dated 24.12.2018 in respect of land measuring 03 Kanal 04 marlas comprised in Khasra No.22//28 (2-19), 10/59 share i.e. 00 Kanal 10 marlas and Khasra No.21//26 (2-14) Salam situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 executed by defendant No.2 in favour of defendant No.4 And sale deed bearing Vasika No.1462 dated

24.12.2018 in respect of land measuring 01 Kanal 00 marla comprising in Khasra No.22//31 (10-15), 20/215 share measuring 01 kanal 00 marla situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 executed by defendant No.3 in favour of defendant No.4 are illegal, null and void, nullity, ineffective and inoperative against the rights of the plaintiff and for decree for mandatory injunction directing the defendants to join hands and execute and get register the sale deed of the land measuring 38 Kanal 15 marlas in favour of the plaintiff in terms of the agreement to sell dated 16.08.2017. And For decree for perpetual injunction restraining the defendants themselves or through their attorneys, agents or other men from alienating the said land or portion thereof to anybody else except the plaintiff and further restraining the defendants from changing the nature of the suit land on the basis of oral and CR-977-2025 4

documentary evidence." Prayer Clause It is, therefore, prayed that a decree for possession by way of specific performance of agreement to sell 16.08.2017 executed by defendants No.1, 2 and 3 in favour of plaintiff whereby defendant No.1 agreed to sell his share of land measuring 16 kanal 9.5 marlas comprised in Khasra Nos.21//4 (8-0), 7 (7-19), 8/1 (0-9), 8/2 (0-7), 13 (1-7), 14 (7-18), 16 (2-16), 17 (3-15), 22//31 (10-15) situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 and defendant No.2 agreed to sell his share of land measuring 05 kanal 13 marlas comprised in Khasra No.22//28 (2-19), 21//26 (2-14) situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 and defendant No.3 agreed to sell his share of land measuring 16 kanal 12.5 marla comprised in Khasra No.21//5 (7-19), 6 (8-0), 15 (8-0), 22//11 (8-0), 22//12 (2-14), 22//31 (10-15) situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 in favour of the plaintiff in the presence of the witnesses. And for decree for declaration that the sale deeds bearing Vasika Nos.1461 dated 24.12.2018 in respect of land measuring 16 Kanal 5-1/2 marlas comprised in Khasra No.21//4 (8-0), 7(7-19), 8/1 (0-9), 8/2 (0-7), 13 (1-7), 14 (7-18), 16 (2-16), 17 (3-15), kittee 8 situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar,District SAS Nagar as per jamabandi for the year 2015-2016 and sale deed bearing Vasika No.1460 dated 24.12.2018 executed by defendants No.2 and 3 in favour of defendant No.4 in respect of land measuring 17 Kanal 6-1/2 marlas comprised in Khasra No.21//5 (7-19), 6 (8-0), 15 (8-0), 22//11 (8-0), 12 (2-14), kittee 5 situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 (ownership of Jagtar Singh is 26334/69300 share And ownership of Saudagar CR-977-2025 5

Singh is 8316/69300 share) and vasika No.1459 dated.

24.12.2018 in respect of land measuring 03 Kanal 04 marlas comprised in Khasra No.22//28 (2-19), 10/59 share i.e. 00 Kanal 10 marlas and Khasra No.21//26 (2-14) Salam situated at Village Chahar Majra, H.B.No.19, Sub. Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 executed defendant No.2 in favour of defendant No.4 And sale deed bearing Vasika No.1462 dated 24.12.2018 in respect of land measuring 01 Kanal 00 marla comprising in Khasra No.22//31 (10-15), 20/215 share measuring 01 kanal 00 Village Chahar Majra, situated marla at H.B.No.19, Sub Tehsil Majri, 2015-2016 executed by defendant No.3 in favour of defendant No.4 are illegal, null and void, nullity, ineffective and inoperative against the rights of the plaintiff and for decree for mandatory injunction directing the defendants to join hands and execute and get register the sale deed of the land measuring 38 Kanal 15 marlas in favour of the plaintiff in terms of the agreement to sell dated 16.08.2017. And for decree for perpetual injunction restraining the defendants themselves or through their attorneys, agents or other men from alienating the said land or portion thereof to anybody else except the plaintiff and further restraining the defendants from changing the nature of the suit land may kindly be passed in favour of the plaintiffs and against the defendants.

It is further prayed that any other additional or alternative relief, to which the plaintiffs may be found entitled to may also be granted to them in the interest of justice and equity."

5.

The amendment which the petitioner sought by way of filing application under Order VI Rule 17 CPC is reproduced as under:

HEAD NOTE

"Suit for decree for possession by way of specific performance of agreement to sell 16-08-2017 executed by CR-977-2025 6

defendants No.1, 2 and 3 in favour of plaintiff whereby defendant No. 1 agreed to sell his share of land measuring 16 kanal 9.5 marlas comprised in Khasra Nos. 21//4 (8-0), 7 (7-19), 8/1 (0-9), 8/2 (0-7), 13(1-7), 14 (7-18), 16 (2-16), 17 (3-15), 22//31 (10-15) situated at Village Chahar Majra, H.B. No.19, Sub Tehsil Majri, 2015-2016 and defendant No. 2 agreed to sell his share of laud Measuring 05 kanal 13 marlas comprised in Khasra No.22//28 (2-19) 21//26 (2-14) situated at Village Chahar Majra, H.B. No.19, Sub Tehsil Majri, Tehsil Kharar. District SAS Nagar as per jamabandi for the year 2015-2016 and defendant No.3 agreed to sell his share of land measuring 16 kanal 12.5 marla comprised in Khasra No.21//5(7-19)6 (8-0) 15 (8-0), 22/11 (8-0), 22//12 (2-14) 22//31(10-15) situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 in favour of the plaintiff in the presence of the witnesses after payment of Rs.12,07,62,624/-i.e. the balance sale consideration or whatever amount as adjudged by the Honorable court after deducting earnest money of Rs.25,00,000/- paid by the plaintiff to the defendants. And for decree for declaration that the sale deeds bearing Vasika Nos. 1461 dated 24-12-2018 in respect of land measuring 16 Kanal 5-1/2 marlas comprised in Khasra No. 21//4 (8-0), 7(7-19), 8/1 (0-9), 8/2 (0-7) 13 (1-7), 14 (7-18), 16 (2-16), 17(3-15), kittee 8 situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, 2015-2016 and sale deed bearing Vasika No. 1460 dated 24-12-2018 executed by defendants No.2 and 3 in favour of defendant No.4 in respect of land measuring 17 Kanal 6-1/2 marlas comprised in Khara No.21//5 (7-19), 6 (8-0), 15 (8-0), 22//11 (8-0), 12 (2-14), kittee 5 situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar. District SAS Nagar as per jamabandi for the year 2015-2016 (ownership of Jagtar Singh is 26334/69300 share. And ownership of Saudagar Singh is 8316/69300 share) and vasika No.1459 dated 24-12-2018 in respect of land measuring 03 Kanal 04 marlas comprised in CR-977-2025 7

Khasra No. 22//28 (2-19),10/59 share i.e. 00 Kanal 10 marlas and Khasra No.21//26 (2-14) Salam situated at Village Chahar Majra, H.B. No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 executed defendant No.2 in favour of defendant No.4 And sale deed bearing Vasika No.1462 dated 24-12-2018 in respect of land measuring 01 Kanal 00 marla comprising in Khasra No.22//31(10-15), 20/215 share measuring 01 kanal 00 marla situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, 2015-2016 executed by defendant No.3 in favour of defendant No.4 are illegal, null and void, nullity, ineffective and inoperative against the rights of the plaintiff and for decree for mandatory injunction directing the defendants to join hands and execute and get register the sale deed of the land measuring 38 Kanal 15 marlas in favour of the plaintiff in terms of the agreement to sell dated 16-08-2017. AND For decree for perpetual injunction restraining the defendants themselves or through their attorneys, agents or other men from alienating the said land or portion thereof to anybody else except the plaintiff and further restraining the defendants from changing the nature of the suit land, on the basis of oral and documentary evidence. PRAYER CLAUSE

"It is, therefore, prayed that a decree for possession by way of specific performance of agreement to sell 16-08-2017 executed by defendants No.1, 2 and 3 in favour of plaintiff whereby defendant No. 1 agreed to sell his share of land measuring 16 kanal 9.5 marlas comprised in Khasra Nos. 21//4 (8-0), 7 (7-19), 8/1 (0-9). 8/2 (0-7), 13(1-7), 14 (7-18), 16 (2-16), 17 (3-15), 22//31 (10-15) situated at Village Chahar Majra, H.B. No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 and defendant No. 2 agreed to sell his share of land Measuring 05 kanal 13 marlas comprised in Khasra No.22//28 (2-19) 21//26 (2-14) situated at Village Chahar Majra, H.B. No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS CR-977-2025 8

Nagar as per jamabandi for the year 2015-2016 and defendant No.3 agreed to sell his share of land measuring 16 kanal 12.5 marla comprised in Khasra No. 21//5 (7-19), 6 (8-0), 15 (8-0), 22//11 (8-0), 22/12 (2-14),22//31(10-15) situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 in favour of the plaintiff in the presence of the witnesses after payment of Rs. 12,07,62,624/-i.e. the balance sale consideration or whatever amount as adjudged by the Honorable court after deducting earnest money of Rs.25,00,000/- paid by the plaintiff to the defendants. And for decree for declaration that the sale deeds bearing Vasika Nos. 1461 dated 24-12-2018 in respect of land measuring 16 Kanal 5-1/2 marlas comprised in Khasra No. 21//4 (8-0), 7(7-19), 8/1 (0-9), 8/2 (0-7) 13 (1-7), 14 (7-18), 16 (2-16), 17(3-15), kittee 8 situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamahandi for the year 2015-2016 and sale deed bearing Vasika No. 1460 dated 24-12-2018 executed by defendants No.2 and 3 in favour of defendant No.4 in respect of land measuring 17 Kanal 6-1/2 marlas comprised in Khara No.21//5 (7-19), 6 (8-0), 15 (8-0), 22/11 (8-0), 12 (2-14), kittee 5 situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 (ownership of Jagtar Singh is 26334/69300 share And ownership of Saudagar Singh is 8316/69300 share) and vasika No.1459 dated 24-12-2018 in respect of land measuring 03 Kanal 04 marlas comprised in Khasra No. 22//28 (2-19),10/59 share i.e. 00 Kanal 10 marlas and Khasra No.21//26 (2-14) Salam situated at Village Chahar Majra, H.B. No.19, Sub Tehsil Majri, Tehsil Kharar, District SAS Nagar as per jamabandi for the year 2015-2016 executed defendant No.2 in favour of defendant No.4. And sale deed bearing Vasika No.1462 dated 24-12-2018 in respect of land measuring 01 Kanal 00 marla comprising in Khasra No.22//31(10-15), 20/215 share measuring 01 kanal 00 marla situated at Village Chahar Majra, H.B.No.19, Sub Tehsil Majri, CR-977-2025 9

2015-2016 executed by defendant No.3 in favour of defendant No.4 are illegal, null and void, nullity, ineffective and inoperative against the rights of the plaintiff and for decree for mandatory injunction directing the defendants to join hands and execute and get register the sale deed of the land measuring 38 Kanal 15 marlas in favour of the plaintiff in terms of the agreement to sell dated 16-08-2017. AND For deeree for perpetual injunction. restraining the defendants themselves or through their attorneys, agents or other men from alienating the said land or portion thereof to anybody else except the plaintiff and further restraining the defendants from changing the nature of the the suit land may kindly be passed in favour of the plaintiff and against the defendants.

It is further prayed that any other additional or alternative relief to which the plaintiff may be found entitled to may also be granted to them in the interest of justice and equity.

A perusal of the above shows that the only amendment which the petitioner sought in the headnote and prayer clause is as under:

"after payment of Rs.12,07,62,624/-i.e. the balance sale consideration or whatever amount as adjudged by the Honorable court after deducting earnest money of Rs.25,00,000/- paid by the plaintiff to the defendants."

6.

A perusal of the pleadings show that the amendment which the petitioner sought by way of filing the application dated 17.01.2025 (Annexure P-4) is already pleaded in the body of the main suit.

7.

The only reasoning given by the learned trial Court while rejecting the application filed under Order VI Rule 17 by the petitioner is that amendment which the petitioner sought is not as per the proforma in which it is required to be filed, which is not acceptable to this Court. Further no prejudice would be caused to the respondents if the present petition is allowed CR-977-2025 10

asoamendmentosoughtowillonotochangeotheonatureoofotheosuitoasowelloasoissueso whichoareoalreadyoframed.o

8.o o Inoviewoofotheoabove,otheoorderodatedo23.01.2025o(AnnexureoP-4)o isosetoaside.ooSinceotheocaseoisonowofixedoforo19.02.2025,otheopetitioneroiso directedotoofileo ano amendedo plainto aso prayedo foro ino theopresentopetitionoaso referredotooabove.ooLearnedotrialoCourtoisodirectedotooproceedofurtheroinotheo matteroinoaccordanceowitholawoafterotakingointooconsiderationotheoamendedo plaint.o

9.o o Pendingoapplication(s),oifoany,oalsoostandsodisposedoof.o o o o o (SUDEEPTIoSHARMA)ooo o o o o o o o o o oJUDGEo

15.02.2025o o o o o o o anilo o o o o Whetherospeaking/reasonedo :o Yes/Noo o o Whetheroreportableo o :o Yes/Noo o