J K RAJGARHIA Vs. RAVI SINGH

JUDGEMENT

(1.) Alongwith his suit for specific performance on the basis of a Memorandum of Understanding with regard to sale of premises No. C-63 Meharani Bagh, New Delhi, the plaintiff has also moved an application under Order 39 rules 1 and 2 seeking to restrain the defendants from "parting with ownership/possession" of the said premises. It is that application which has led me to pen these lines.

(2.) First a bird-eye view of the facts.

(3.) The plaintiff claims that Dr.Ravi Singh defendant for himself and on behalf of the other co-owners who too are arrayed as defendants, executed a Memorandum of Understanding agreeing" thereby to sell the building for a consideration of Rs.2,35,00,000.00 and in terms of the said agreement he even received a payment of Rs.500,000.00 through a Bank draft but is now refusing to proceed ahead with the execution of a sale deed.