Specific Relief Act Section 22 Order 6 Rule 17 CPC Amendment of plaint

• Specific Relief Act  Section 22 Order 6 Rule 17 CPC Amendment of plaint The suit is for specific performance of contract for sale of a plot of land in which the plaintiff petitioner alleges that after execution of the said agreement for sale, possession was delivered which was equally resisted and objected by the defendant-respondent. By way of the amendment the plaintiff-petitioner sought for recovery of possession, which is delivered allegedly after execution of said agreement. If the said relief of recovery of possession is not sought for in the plaint by introducing the same, the plaintiff-petitioner is not entitled for the relief of recovery of possession inasmuch as it is pleaded by the plaintiff-petitioner in her plaint that after execution of said agreement for sale, she was delivered possession. Under such circumstances even if the decree for specific performance for contract of sale of the land is allowed, the court at the time of execution of it, though a duty is cast upon it, would be reluctant to deliver the possession after execution of the registered sale deed as it has been pleaded that possession was already delivered. Accordingly, in my opinion the amendment sought for by the plaintiff-petitioner ought to have been allowed invoking the jurisdiction under section 22 of Specific Relief Act, and having not applied the said jurisdiction, it fit for interference and setting aside the impugned order which This Court do and learned court below is directed to accept the said amendment sought to be introduced in the plaint

ZINNAT REHANA vs SAFUR ALI CRPIO 93/17 21/05/18 [ Prasanta JJ ]

[ GAUHATI HIGH COURT ]