BIJENDER SINGH Vs. IQBAL SINGH

JUDGEMENT

(1.) The present appeal has been filed under Order XLIII Rule 1 Sub Rule(I) CPC against the order dtd. 16/12/2022 passed by learned ADJ-02/North, Rohini Courts, Delhi in CS/DJ NO. 290/2022 whereby appellants ' application filed under Order 39 Rules 1 and 2 CPC seeking restraint on the respondents from creating any third party interest was dismissed.

(2.) Briefly the facts, as culled out from the records, are that the appellant/plaintiff filed the underlying suit for specific performance, declaration, mandatory and permanent injunctions. It was claimed that Late Sh. Amar Singh, (father of respondent No.1 and husband of respondent No.2) was having half share as the owner/bhumidar in the agricultural land out of total land measuring 28 bigha and 15 biswa situated in the revenue estate of Village Pooth Kalan, Delhi. The land was acquired by DDA and a recommendation was made to allot an alternate plot in favour of Amar Singh and his wife Baseri Devi vide recommendation letter no. F-33(31)/297/86/L&B/ALT/127 dtd. 9/1/1992. On the strength of above recommendation letter, Amar Singh and Baseri Devi executed an Agreement to Sell dtd. 18/4/1994 with respect to the alternate plot which was to be allotted. The sale consideration of Rs.28.00 lakhs was acknowledged to be received and for which a separate receipt was also executed. It was agreed that on allotment, a sale deed would be executed between the parties. It was claimed that Amar Singh expired and later, in the draw of plots held on 28/1/2022 a plot bearing No. 4, Pocket A, Sector A-10, Narela, Delhi admeasuring 333 square meters was allotted to Baseri Devi. The appellant sought execution of the sale deed which was denied resulting in filing of the underlying suit.

(3.) Mr. Lokesh Sawhney, learned Senior Counsel for the appellants contending that the Trial Court erred in observing that the Agreement to Sell was a contingent contract. He submitted that reading of the Agreement to Sell would show that all the parameters of a concluded contract were mentioned therein as not only the parties to the agreement were specified but also entire sale consideration was acknowledged to be paid. The identity of the property was also certain, inasmuch as, the same was to be allotted in pursuance of the recommendation letter.