ASHOK KUMAR AGGARWAL Vs. SMT. CHANDRA KANTA YADAV

JUDGEMENT

(1.) I.A. No. 7726/2009 (under Order 39 Rules 1 and 2, CPC)

(2.) THIS is an application for grant of interim injunction restraining the defendant from alienating, encumbering or creating any third party interest in property No. 508/2 measuring 200 sq. yds. out of khasra No. 999/526/2 in the abadi of Ashok Nagar, Delhi -93 during pendency of the suit.

(3.) IN her written statement the defendant has alleged that it was the plaintiff who committed default in payment of the balance amount and did not reach the office of the Sub -Registrar on 30.06.2008. The defendant claims that she had reached the office of the Sub -Registrar on that date and had also purchased a judicial stamp paper from a stamp vendor in token of her having attending the office of the Sub -Registrar on that date. She also claims to have got herself registered by way of Form No. 3 at serial No. 130 on that date. On merits it has been alleged that when the plaintiff did not turn up in the office of Sub -Registrar on 30.06.2008, she contacted him in this regard. On being contacted by the defendant, the plaintiff told her that he was not in a position to arrange the balance amount and requested her to return back the amount of Rs. 10 lakhs which he had paid to her. The defendant has alleged that she had agreed to the request of the plaintiff and made payment of Rs. 10 lakhs to him which he acknowledged on the back side of the agreement to sell, in the presence of witnesses on 20.07.2008.