DHARAMPAL Vs. RAMESH MINOCHA

JUDGEMENT

(1.) This is an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, filed by the plaintiff in the suit seeking restraint on the defendants from alienating, selling or disposing of suit property i.e. property bearing No. 23, Road No. 20, East Punjabi Bagh, New Delhi. The plaint avers as follows:

(2.) The case of the defendants is that on 31st August, 2001, the property was purchased at what then was the market value was of Rs. 15 lakhs and not only the agreement to sell but the supporting affidavits, undertaking, possession letter and special power of attorney were also issued by the plaintiffs to the defendant who also executed a registered will. None of these documents are mentioned in the plaint and have been concealed from the Court in an effort to secure an interim order.

(3.) It is submitted that the plaintiffs with dishonest intentions now are seeking to back out of the transactions more than three years later merely on account of the fact that according to the defendants, the plaintiffs now know that the prices of the property have arisen substantially in the meanwhile.