BHARAT SINGH Vs. AJAY KUMAR

JUDGEMENT

(1.) THIS second appeal is filed against the impugned judgment of the first appellate court dated 28.2.2014 by which the first appellate court has set aside the judgment of the trial court dated 01.5.2012. The judgment of the trial court dated 01.5.2012 is the common judgment disposing of two suits. One suit was Suit No.269/2008 filed by Ajay Kumar against Bharat Singh and Munni Devi (Vijay Lakshmi) as defendant Nos. 1 & 2 and DDA as defendant no.3 for specific performance. The second suit was Suit No.239/2008 filed by Bharat Singh and his wife Vijay Lakshimi essentially against Ajay Kumar, who was the plaintiff in Suit No.269/2008 for mandatory and permanent injunction. The trial court dismissed the suit filed by Ajay Kumar and decreed the suit of Bharat Singh with the following operative portions: -

(2.) THE first appellate court has set aside the judgment of the trial court and decreed the suit for specific performance filed by Ajay Kumar being Suit No.269/2008 and dismissed the Suit No.239/2008 filed by Bharat Singh for injunction by the following operative portion: -

(3.) THE case of Ajay Kumar was that Bharat Singh with his wife Vijay Lakshimi had executed a receipt dated 12.8.2000 (Ex.PW1/1) agreeing to sell the suit property to Ajay Kumar for a total sale consideration of Rs.2,45,000/ -. The suit property is Plot No.136, Pocket -I, Block -A, Sector 32, Rohini, Delhi admeasuring 200 sq. mtrs. The receipt (Ex.PW1/1) was followed by an agreement to sell dated 22.8.2000 (Ex.PW1/2). To avoid confusion at this stage, it is stated that the wife of Bharat Singh is referred to both as Smt. Munni Devi and also Smt. Vijay Lakshimi. The effect of the receipt (Ex.PW1/1) and the agreement to sell (Ex.PW1/2) was that the appellants/sellers/Bharat Singh and Vijay Lakshimi/Munni Devi agreed to sell the suit property to Ajay Kumar for a total sale consideration of Rs.2,45,000/ -, and out of which total amount a sum of Rs.1,95,000/ - was received by the appellants/Bharat Singh and his wife Vijay Lakshimi/Munni Devi. Since Bharat Singh and his wife Vijay Lakshimi filed a suit for seeking injunction against Ajay Kumar to prevent Ajay Kumar from claiming benefit of the agreement to sell dated 22.8.2000, Ajay Kumar filed the suit for specific performance.