A lease deed was executed and registered in my favour in October 2016 by the Defendant in Dharamshala, Himachal Pradhesh for 40 years in consideration for funding of additional floors on his existing building and thereafter paying him an agreed upon annual rent to run the property as a Tourism Unit. His obligation was to construct and hand over possession duly completed on or before 28th February 2017 and mine to finance the construction pay annual rent after possession. Thereafter, in December 2016, satisfied that I was quite invested he along with his family and relatives started coercing for a immediate payment of 50 Lacs out of the agreement and when I refused he breached the contract, made a unilateral Deed of Revocation wherein it is mentioned that he is no longer interested in leasing me out as he wants to mange his property on his own level and immediately after send me a legal notice from a lawyer that the Deed of Lease was revoked in all aspects by the sub-register who asked to send me notice in respect. In fact no such thing had happened for the sub register had declined to revoke the Deed of Lease unilaterally and after I sued for Declaration, Possession, Specific Performance, Compensation and Damages alongside injunctions he in his Written Statement declared that the Lease of Deed was grasped by me from him by fraud, misrepresentation and undue influence etc. After Replication to the Written Statement and Rejoinder to the Reply to application under O39 R 1 & 2 was filed, then consideration was held on the injunction and the order on the same is scheduled for 24-5-2016 after which the trial process will begin.
However, I have discovered a new fact today, that the building he claims to own and possess and leased out to me is not at all his. The Defendant is part owner of a combined land belonging to his family with Khasra Nos 1233,1234 & 1235. The building that he has leased out to me is on an entirely different Khasra number that he has possession of and leased out to me claiming to be his. His actual plot is adjacent to it and vacant, the building that he leased out is not on his share of plot and which means he fraudulently leased out to me something that does not even belong to him and engaged my finances on it. Can I at this juncture amendment my plaint and reliefs accordingly and bring upon charges of the above or will it change the nature of the suit? Will I be allowed, considering trial or first hearing has not begun yet and what are the chances of it being allowed even if they object. Also can I file fraud on court considering he has admitted that in court including execution of the Lease Deed and his only objection now that apparently he trusted me and didn’t read the Deed of lease and did as I told him and after much of construction was done he figured that out? Obviously it is all lies, falsified by evidence and only for the sake of litigation but can he even claim that considering he falsified his notice and leased me a dummy.
All your help will be greatly appreciated. Thanks in advance!
