ASHOK RAI Vs. SONA DEVI

JUDGEMENT

(1.) This Order will dispose of the application of the plaintiffs under Order 39 Rules 1 & 2 for an Injunction for restraining the defendants from dealing, selling alienating. transferring and encumbering in any manner and parting with possession of the whole or any part of the land comprised in Khasra numbers as mentioned in the application situated in a village Dera Mandi, Tehsll Mehrauli, New Delhi and further from executing any document and getting the same registered in the office of the Sub-Registrar so as to create right in favour of the third party.

(2.) The case as set up in the plaint is that defendants 1 to 3 had offered to sell their land in village Dera Mandi, Tehsll Mehrauli, New Delhi to the plaintiffs and after negotiations, it was finally agreed by the said defendants to sell approximately 3.75 acre of land for Rs.29.91,000.00 and after rounding up the figure, It was agreed that the plaintiffs will pay a sum of Rs.30 lakhs In all for the aforesaid land measuring 3.75 acres to the defendants.

(3.) it is stated that negotiations between the parties had taken place with an active role of defendant No.4 and the defendants had intimated to the plaintiffs to pay a sum of Rs.4.10 lakhs to defendant No.4. The aforesaid sum of Rs.4.10 lakhs is stated to have been paid by the plaintiffs to defendant No.4 and a receipt was also executed by the said defendant. It Is also alleged that after receipt of the aforesaid amount, the defendants 1 to 3 were required to obtain necessary no objection certificate by approaching the revenue authorities. The said certificate is allegedly required in view of the provisions contained in Delhi Land(Restriction on Transfer) Act. 1972. The said defendants are alleged to have applied to the revenue authorities for obtaining the no objection certificate and the revenue authorities had granted necessary permission/no objection. However, the defendants failed to execute the sale deed and had refused to sell the property in spite of their having obtained a no objection certificate. The presentsuit has,therefore, been filed for specific performance of the alleged agreement to sell and for a direction to the defendants to execute necessary sale deed in respect of the land forming part of the Khasra mentioned in the plaint being situated in village Dera Mandi, Tehsil Mehrauli, New Delhi. Alternatively, it has been claimed that in case it is not possible to specifically perform the agreement, damages to the extent of Rs.30 lakhs should be directed to be paid to the plaintiffs. Along with the suit, an application for injunction was also filed seeking reliefs in the above terms.