JASWANT SINGH Vs. ATMA SINGH

JUDGEMENT

(1.) THE plaintiff has sued for specific performance of the Agreement dated 14th May, 2005 of sale of property No.J-3/37, Rajouri Garden, New Delhi and for permanent injunction restraining the defendant from dealing with the said property in contravention of the said Agreement, pleading:-

(2.) SUMMONS of the suit and notice of the application for interim relief were issued and vide ex parte ad interim order dated 13th October, 2006 which was subsequently confirmed the defendant was restrained from creating any third party interest in the property.

(3.) THE plaintiff has filed a replication denying that by the MoU dated 30th October, 2005 the Agreement dated 14 th May, 2005 stood revoked and pleading that Shri Jagmohan Singh had entered into some arrangement with the brothers of the defendant and had also paid consideration to the brothers of the defendant and for this reason the plaintiff had to execute an Agreement with Shri Jagmohan Singh to gain his trust and in fact Shri Jagmohan Singh was delivered the possession of the portion earlier in occupation of the brothers of the defendant but the defendant forcefully took the said possession.