SHIKHA MISRA AND ORS. Vs. S. KRISHNAMURTHY

JUDGEMENT

(1.) This Regular First Appeal arises out of Judgment dated 23.04.2014 whereby the learned Single Judge has decided the preliminary issues framed in the suit in favour of the defendant and dismissed the suit.

(2.) The appellants/plaintiffs had filed the suit for specific performance of an agreement to sell of immovable property and for permanent injunction restraining the defendant from selling, assigning or mortgaging or creating any third party rights in the property allegedly agreed to be sold by the respondent/defendant.

(3.) The case set up by the appellants was that the appellant No. 1 was a tenant, by virtue of an agreement dated 25.02.1987, of one Ms Manjula Krishnamurthy wife of the respondent, in Flat No. 128, Pocket -B, SFS DDA Flats, East of Kailash, New Delhi, w.e.f. January, 1987 at a monthly rent of Rs. 2000/ -.