LAWS(DLH)-1994-11-52

SUNEET KALRA Vs. BAL RAJ AHUJA RETD

Decided On November 28, 1994
SUNIT KAIRA Appellant
V/S
LT.COL.B.N.SHARMA Respondents

JUDGEMENT

(1.) This order shall dispose of the four applications. The first three applications are under Order 39 Rules q & 2 Civil Procedure Code filed by the plaintiff at different stages of the suit, all seeking interim injunctions against the defendant. The last one is an application under Order 11 Rules 4 and 12 of the Civil Procedure Code read with Section 73 of the Evidence Act.

(2.) First the facts in brief in so far as they are relevant for the purpose of disposing of these applications. The suit property consists of a residential plot bearing municipal No.537 in Block S, Greater Kailash, Part-11, New Delhi. The suit has been filed on 4th October, 1993 seeking specific performance of an agreement to sell dated 18.3.75 and ancillary relief of declaration and permanent injunction.

(3.) The plaintiff Suneet Kalra is the grand-son of late Bhagwan Dass Kalra. He claims to have inherited the estate left by late Bhagwan Das Kalra pursuant to a Will dated 15.12.87. The plaintiff alleges the defendant to have entered into an agreement dated 18.3.75 to sell the suit property in favour of late Bhagwan Dass Kalra. Late Bhagwan Dass expired on 27.10.89.