VIVEK GARG Vs. Y.C KURELE

JUDGEMENT

(1.) This is an application filed by the plaintiff under Order 39 Rule 1 and 2 CPC for interim injunction. The application came up for hearing along with the Suit on 17.5.2013 when this Court passed ex parte injunction order against the defendant restraining the defendant from alienating, encumbering or parting with possession of the suit property.

(2.) It is the contention of the plaintiff in the accompanying plaint that the defendant is the owner and is in possession of Plot Nos.154/696 and 154/697, Village Pooth Khurd, Lal Dora, Delhi. The area of the above property is as under: Plot No. Area 154/696 2 Bigha 2 Biswa = 2116 Sq.Yards 154/697 2 Bigha 2 Biswa= 2116 Sq.Yards Total 4 Bigha 4 Biswa= 4232 Sq.Yards

(3.) It is stated that on 19.10.2012 the defendant offered to sell the suit property at the rate of Rs.13,270/- per sq. yard to which the plaintiff agreed. A Sum of Rs.11 lacs was received by the defendant from the plaintiff as earnest money. Various other terms were also agreed upon. It is stated that on 20.10.2012 M/s. Triveni Bhoomi Vikas Pvt. Ltd., of which the plaintiff is Director, desired that the sale deed be got executed in the name of the said company. In pursuance of the same a sum of Rs.50 lacs by way of two post dated cheques of the said M/s.Triveni Bhoomi Vikas Pvt. Ltd.was paid by the plaintiff to the defendant on 20.10.2012 through Mr.Shiv Kumar. On 21.10.2012 the parties entered into an Agreement to Sell. The Agreement stipulated that a further sum of Rs.1 crore was to be paid by the plaintiff to the defendant on 20.12.2012 and the balance payment will be made by the plaintiff on or before 6th March, 2013 and the Sale Deed was to be executed. The agreement confirmed that the defendant has received a sum of Rs.61 lacs as earnest money. One clause that was added regarding the date of execution of the sale deed which forms part of the preliminary narration reads as follows:-