GAURAV JAIN Vs. MANISH KUMAR GARG AND ORS.

JUDGEMENT

(1.) This is a revision petition filed by the petitioner, Gaurav Jain against the order dated 11.9.2014 in CS No.277/2008 titled Manish Kumar Garg vs. Gaurav Jain & Others by virtue of which the suit of the respondent/plaintiff under Section 6 of the Specific Relief Act was decreed.

(2.) In the revision petition, for the sake of convenience and clarity, the names of the parties shall be mentioned in response to their original status in the suit.

(3.) Briefly stated the facts of the case are that Manish Kumar Garg filed a suit bearing No.277/2008 under Section 6 of the Specific Relief Act seeking possession of property bearing No.2217-2218, ground floor, Dr. H.C. Saint Fountain, Chandni Chowk measuring 70 square yards. Initially, the suit was filed by him only against three defendants, namely, Gaurav Jain, Praful Mohan and Malti Mohan. Brijesh Jain and Pradeep Jain were added as parties to the suit later on as they were claiming to be the tenants having been inducted in the suit property by Gaurav Jain. The plaintiff, Manish Kumar Garg, had setup a case that he was running the business of electrical goods under the name and style of 'Garg Associates' from premises No.1935/205, Fountain Electric Market, Bhagirath Place, Delhi-110006. Earlier to this, he had taken shop No.2098 on rent for carrying out his commercial activities which was registered in Sales-Tax Department also. In the year 2005, he had to vacate the said shop and thereafter Manish Kumar Garg approached M/s. Anand Properties for having some commercial shop in Bhagirath Place and he was shown the shop in question in the month of March, 2005. Defendant No.1, Gaurav Jain, was represented to be the owner of the shop who had purchased it from Abha Jain vide registered sale deed dated 24.2.2005. A meeting was arranged by Anand Properties between Gaurav Jain and Arun Jain on behalf of defendant No.1. An agreement to sell dated 8.3.2005 was prepared between the plaintiff and the defendant No.1 by virtue of which the defendant No.1 had agreed to sell the shop in question to the plaintiff, Manish Kumar Garg for a total sum of Rs.11 lacs. A sum of Rs.1,50,000/- was stated to have been paid to Gaurav Jain and the agreement was signed and physical possession of the shop in question was also handed over to Manish Kumar Garg in the presence of the property dealer. From 8.3.2005, the suit property continued to be in possession of the plaintiff, Manish Kumar Garg till 25.6.2005. The sale deed was agreed to be executed on 31.5.2005 on which date, the balance payment of the remaining sale consideration was to be made to Gaurav Jain. It is alleged that for making the balance payment to Gaurav Jain, Manish Kumar Garg had requested defendant No.1, Gaurav Jain, to show the complete chain of documents giving rise to his title which he had failed to do so but before this could be done, on 25.6.2005 itself, the defendant No.1, Gaurav Jain, with the help of some goons, put his own lock on the suit premises and thus, divested the plaintiff of his possession.