VIRENDERA KUMAR BHARDWAJ Vs. SURJEET KAUR & ANR

JUDGEMENT

(1.) This is an appeal directed against order dated 03.06.2015. By virtue of the impugned order, the trial court has dismissed the application of the appellant/ plaintiff under Order 39 Rule 1 & 2 of the CPC. The facts, as set out in the impugned order, disclose that, it appears that the appellant/ plaintiff had entered into an agreement to sell with respondent no.1/ defendant no.1, and her husband, namely, Mr Baldev Singh. The agreement to sell, I am informed, is dated 02.07.2008.

(2.) I am further informed by the counsel for the appellant/ plaintiff, a fact which is also evident on a reading of the impugned order, that it dealt with two properties. These properties are described as: property bearing no. 1/228, located in Khasra no. 420-421 and property bearing no. 1/222, located in Khsara No. 420. Both properties are situated at Shri Ram Nagar, Shahdara, Delhi-110 032. Property No. 1/228, admeasures 22 sq. yds.; while property bearing no. 1/222, admeasures 10 sq. yds. The suit from which the instant appeal has arisen relates to property no. 1/222 (hereafter referred to as the suit property).

(3.) It is conceded before me, in so far as property no. 1/228 is concerned, that the transaction has been effectuated with the husband of respondent no.1/ defendant no.1. The dispute, as indicated above, pertains only to the suit property i.e. property no. 1/222.