S AVTAR SINGH Vs. S GURBACHAN SINGH

JUDGEMENT

(1.) This appeal challenges the order dated 2nd December, 2004 passed by the learned Single Judge dismissing an application under Order XXXIX Rule 1 and 2 filed by the appellant No.1 Shri Avtar Singh (defendant in original suit) for an interim injunction restraining the respondents (plaintiffs in original suit) from transferring, alienating, mortgaging, encumbering the suit property in any manner or creating third party interest.

(2.) The case of the appellant as set up in the present appeal is as under:

(3.) The respondents' (original plaintiffs') case was that Respondent No.4 (Defendant No.2) Mr.O.S.Kohli had approached them sometime in the year 1984 with a proposal for a collaboration agreement regarding re-development of the property and had paid a sum of Rs.21 lakhs in this regard. However Respondent No.4 disappeared thereafter. He was also inducted as tenant in garage block of the property and he inducted some sub-tenant for which an eviction petition was filed before the Rent Controller. Since the appellant No.1 served a legal notice dated 1.5.1996 regarding the alleged agreement to sell, the plaintiffs filed a suit in January 1997 seeking declaration to the effect that no such agreement was ever entered into nor possession handed over the the Appellant No.1 in part performance of the said agreement. In their counter-claim to the suit filed by the Respondents, the defendants 1, 3 and 4 in the original suit took the stand that though the initial introduction was through Respondent No.4, Mr. Kohli, but all material dealings in connection with the agreement to sell in respect of this property were held directly between Plaintiffs 1 and 2 (Gurbachan Singh and Jitender Singh) and Defendant No.1 (Avtar Singh). They further stated that since they did not want to cause any disturbance to Sardarni Sant Sev Ujjal Singh during her lifetime, the execution of the sale deed was only to take place after her demise.