R N TIWARI Vs. A S SAXENA

JUDGEMENT

(1.) The Plaintiff has filed the suit for specific performance against defendants I and 2. The third defendant is a Cooperative Housing Society.

(2.) According to the plaintiff on 28.11.1995 the plaintiff had entered into an agreement for purchasing the property bearing Flat No. 46, Desh Bandhu Co-operative Housing Society, I.P. Extension, Patparganj, Delhi, with defendants 1 and 2 for a consideration of Rs. 10 lakhs. According to the plaintiff a sum of Rs.l lakh was paid in cash. The balance to be paid within 90 days. On 24.2.1996 the plaintiff sent a registered notice 'calling upon defendants 1 and 2 to perform their part of the contract. The defendants sent a registered notice wherein they had falsely alleged that they intended to register all necessary documents in favour of the plaintiff on or before 28.2.1996 in the office of the Sub Registrar, Seelampur, Shahdara. On the basis of that registered notice the plaintiff was present in the office of the Sub-Registrar, Seelampur, Shahdara from 10.00 to 1.00p.m. But defendants 1 and 2 did not turn up. The plaintiff had a talk with the first defendant on phone on 28.2.1996 when the first defendant stated that the flat would be transferred to third party. According to the plaintiff defendants I and 2 had misled the plaintiff by stating that the membership with the Society cannot be transferred. Now the plaintiff learnt that the defendants 1 and 2 are trying to forfeit her advance. On this allegation the following relief is prayed for:

(3.) On the same allegation IA No. 2084/96 under Order XXXIX Rules 1 and 2 has been filed by the plaintiff/applicant praying for injunction restraining defendants 1 and 2 from selling the flat No. 40, Desh Bandhu Cooperative Housings Society I.P. Extension, Patpar Ganj, Delhi, during the pendency of the suit and defendant No.3 be directed not to allow entry of any person in the said flat except the plaintiff members till the final disposal of the suit.