specific performance

Vikas Aneja (Querist) 12 June 2010 This query is : Resolved
My client had entered into an agreement to sell on 17-11-08 as a purchaser of some land for total consideration of Rs. 7,10,000/- and he paid Rs 4 lac as earnest money and the date of execution of sale was fixed 2-3-08. My client got marked his attandence in the office of sub registrar but the seller did not come. Now I have filed suit for possession by way of specific performance and in the alternative for recovery of Rs. 8 lac as double the earnest money.
Now My client wants to recover the earnest money as the value of property has been reduced.
But now the other party appear in the court and without filing written statement, they filed an application in the court to execute the agreement as they are ready to execute the sale deed. they also make statement in the court in this behalf.
I object this and i asked the court orally that My client is also ready to get the sale deed executed in his favour but the defendant should pay compensation to my client as he got the benefits of the suit property and also got benefits of earnest money. But as I have not demanded compensation in the plaint, the counsel for defendant raised this point.I got adjournment for reply to application filed by them.
I know I can amend the plaint and demand compensation as there is provision in section 21 of specific relief Act to amend the plaint for compensation.
But the question is should i amend the prayer clause only or I should amend the whole plaint.
The other question is whether i can compel the court to give damages to my client otherwise I give up the claim of specific relief and to grant alternative suit of recovery.
And if i give up the claim of specific relief, is there any chance of dismissing of my suit.
How can i got back the earnest money without got specific relief?
Plz give suggestions and law points.

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