Punjab-Haryana High Court
Bhushan Kumar Manuj And Another vs Ramdhari Goyal on 9 April, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:048275
CR-6827 of 2019 (O&M) -1- 2024:PHHC:048275
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-6827 of 2019 (O&M)
Date of Order:09.04.2024
Bhushan Kumar Manuja and another
.Petitioners
Versus
Ramdhari Goyal ..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Vikas Jain, Advocate
for the petitioners.
None for the respondent.
ANIL KSHETARPAL, J
1. This revision petition has been filed by the decree holder. A
suit for specific performance of the agreement to sell with respect to House
No.3402, Sector 37-D, Chandigarh, which was allotted on lease hold basis
was decreed on 30.10.2008. There was another suit filed by the respondent-
Ramdhari Goyal.
2. Both the suits were decided by a common judgment and the
relief clause reads as under:-
"In view of my findings on above said issues, the main
suit titled as Bhushan Kumar Manuja and another vs. Ra,
Dhari Goel CS No.1248 of 2003 succeeds and is hereby
decreed with costs. The defendant is directed to execute
the sale deed in favour of the plaintiffs. The
execution/registration of sale deed in favour of the
plaintiffs will be subject to the condition of payment of
50% unearned increase in the value of land to the
Chandigarh Administration and subject to permission
from the competent authority as mentioned in allotment
letter Ex.P1. The case titled as Ram Dhari Goel vs.
1 of 3
Neutral Citation No:=2024:PHHC:048275
CR-6827 of 2019 (O&M) -2- 2024:PHHC:048275
Bhushan Kumar Manuja and others CS No.48 dated
05.04.2002/229 dated 22.11.2006 consolidated with main
suti is hereby fails and stands dismissed with costs. Copy
of this judgment be placed in the consolidated case titled
as Ram Dhari Goel vs. Bhushan Kumar Manuja and
others. Decree sheets be prepared. File be consigned to
record."
3. The appeals filed by Sh. Ramdhari Goyal were dismissed on
09.04.2011.
4. As is evident that the suit for specific performance of the
agreement to sell was decreed while directing the plaintiffs (petitioners
herein) to pay 50% unearned increase in the value of the land to the
Chandigarh Administration. That aforesaid decree became final. In the
meantime, it has been stated that as per the policy of the Union Territory,
Chandigarh, the lease hold property was permitted to be converted into free
hold. Upon its conversion, the requirement of deposit of 50% of unearned
increase in value of the property ceased to exist. The petitioners filed an
application under Sections 151 and 152 of the Code of Civil Procedure,
1908, for correction in the judgment and decree passed by the court which
has been dismissed on the ground that Section 152 of the Code of Civil
Procedure, 1908 can be invoked for limited purpose of correcting clerical or
arithmetical mistakes.
5. Despite receipt of notice from this court, the respondent has not
entered appearance.
7. This Bench has heard the learned counsel representing the
petitioners at length and with his able assistance perused the paper book.
8. The letter dated 14.11.2008, permitting the conversion of the
building to free hold has been produced as Annexure P-4.
2 of 3
Neutral Citation No:=2024:PHHC:048275
CR-6827 of 2019 (O&M) -3- 2024:PHHC:048275
9. The learned counsel, on instructions from the petitioners, states
that the entire amount payable on account of conversion has already been
deposited by the respondent.
10. This court has analyzed the situation. The Union Territory,
Chandigarh is not party to this litigation. However, the trial court decreed
the suit subject to payment of 50% of unearned increase in the value of the
property assuming that the property is lease hold. Though such matter may
not strictly fall within the scope of Section 152 of the Code of Civil
Procedure, 1908. However, the court has ample power to order amendment
under Section 153 read with Section 151 of the Code of Civil Procedure,
1908. Section 153 of the Code of Civil Procedure, 1908, enables the court
to pass orders amending any defect or error in any proceedings in a suit. In
absence of specific power, the trial court should have invoked the inherent
power under Section 151 of the Code of Civil Procedure, 1908.
11. Keeping in view the aforesaid facts, the impugned order passed
by the trial court is set aside. The court is directed to amend the judgment
and decree passed on 31.10.2008, after the petitioners produce material to
prove that the entire conversion money as required for converting lease hold
property into free hold has been deposited.
12. The revision petition is allowed.
13. All the pending miscellaneous applications, if any, are also
disposed of.
April 09, 2024 (ANIL KSHETARPAL)
nt JUDGE
Whether speaking/reasoned :YES/NO
Whether reportable :YES/NO
3 of 3
