SHOUKAT RAI MALHOTRA Vs. AJAY MATHUR

JUDGEMENT

(1.) By this judgment I propose to decide the present suit for specific performance and permanent injunction filed by Shri Shoukat Rai Malhotra against Shri Ajay Mathur who is stated to be the owner of a vacant plot admeasuring 4400 sq. yards bearing No. K-224 in Khasra No. 660 in the i Revenue Estate of Village Neb Sarai, Tehsil - Hauz Khas, New Delhi-110062. The suit came up for hearing on 4th February, 2005. Despite repeated summons and notices issued to the defendant, he could be served only by the substituted mode by publication of a proclamation in the newspaper as well as by affixation of the summons at his last known address and on the notice board of this court. Publication of the summons was effected in the daily newspaper Tribune in its Delhi and Chandigarh edition in the issue dated 27th September, 2005. As the defendant failed to put in appearance, the defendant was directed to be proceeded ex-parte by orders passed on 14th December, 2005. On the same date, the plaintiff was directed to file its ex-parte evidence on affidavit as well as any additional documents. The plaintiff has filed its own affidavit and the affidavit of Shri Mohd. Shafeeq as PW2 in support of its case.

(2.) Alongwith the suit, the plaintiff had also filed an application under Order 39 Rule 1 & 2 being IA NO. 856/2005. By orders passed on 14th of December, 2005, the defendant was restrained from creating any third party right/or parting with possession of the property in question. This order was modified by orders passed on 20th January, 2006 in IA NO. 677/2006 whereby the defendant was directed to maintain status quo with regard to possession of the suit property.

(3.) The matter has been thereafter posted before this court for hearing of arguments. Written submissions have also been filed in support of the plaintiffs contentions in the plaint.