RAJESH AGGARWAL Vs. BALBIR SINGH

JUDGEMENT

(1.) This is an application under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure Code filed on behalf of the plaintiff. This application was filed along with suit and this Court on 3.8.89 restrained the defendants by ex parte injunction from alienating, creating any lease or parting with possession of the property in dispute.

(2.) Defendant No. 1 entered into an Agreement to sell with the plaintiff in relation to property bearing No.33, West Avenue Road, Punjabi Bagh, New Delhi built over a plot measuring 637.33 sq.yds., for a total sale consideration of Rs.46 lakhs. Defendant No.1 received Rs.1 lakh at the time of execution of the Agreement on 7.4.89 (Rupees fifty thousand in cash and Rupees fifty thousand by cheque).

(3.) It is the case of the plaintiff that plaintiff made several efforts to persuade defendant No.1 to obtain no objection and Income-tax Clearance Certificate from the concerned authorities for the purposes of registration and execution of the sale deed but the defendant put off the plaintiff. After long correspondence between the parties, defendant No.l revoked the Agreement to sell dated 7.4.89 vide registered A/D notice dated 15.7.89. Some of the clauses, which would require consideration for disposal of this application, are reproduced hereunder :-