RAJ SINGH Vs. PUSHPA AGGARWAL

JUDGEMENT

(1.) PRESENT is an appeal against impugned order dated 03.08.2012 passed by learned ADJ (North-West), Delhi whereby the application of the appellant under Order 39 Rule 1 and 2 read with Section 151 CPC for the grant of interim injunction thereby restraining the respondents from selling/transferring or creating any third party interest in the suit property i.e. land measuring 13 Bighas 14 Biswas situated in the Revenue Estate of village Nizampur, Delhi which was subject matter of sale deed dated 17.09.2003, has been dismissed.

(2.) THE appellant herein i.e. plaintiff before the learned trial court has filed a suit for declaration/cancellation of sale deed dated 17.02.2003 and permanent injunction against the respondent/defendant alleging therein that the appellant/plaintiff is a permanent resident of village Nizampur and in all he has got 42 Bighas 15 Biswas of land. It is alleged that appellant came in contact with one Tara Chand who is the husband of respondent no. 1 and father of respondent no. 2 in the house of his friend Raghubir Singh. THEre they used to consume liquor together. It is further alleged that the said Tara Chand had taken the advantage of bad habit of consuming liquor of the appellant/plaintiff. It is alleged that on 17.09.2003 said Tara Chand had taken the appellant to the office of Sub- Registrar wherein some documents were got signed from him. It is alleged that the appellant/plaintiff also took his pass port size photographs and his identity card and the appellant/plaintiff was also made to consume liquor on the way. It is further alleged that the respondent no. 1/defendant no. 1 had got signed a sale deed in respect of agricultural land of appellant/plaintiff measuring 13 Bighas 14 Biswas in the aforesaid land for a consideration of Rs. 12.75 lakhs in favour of his wife i.e. respondent no.1and a Special Power of Attorney was also got signed from him in favour of respondent no. 2/defendant no. 2 on the said date. It is alleged that the appellant/plaintiff had come to know of the same only on 07.11.2011 when he had received a copy of Khatoni from Halka Patwari and came to know that the land bearing khasra no.59/7 min.(2- 06), 59/15 min. (1-16), 59/14 min, 59/16 min, 59/17 min and 59/25 min each measuring (2-08) has been mutated in the name of respondent no. 1/defendant no. 1 on 27.05.2004. THEreafter, the appellant/plaintiff obtained necessary documents from the said office and filed the aforesaid suit. Along with the suit an application under Order 39 Rule 1 and 2 CPC was filed seeking interim injunction against the respondents from restraining them by selling/transferring or creating third party interest in the suit property i.e. land measuring 13 Bighas 14 Biswas which was the subject matter of the sale deed.

(3.) I have considered the submissions made.