SMT TAIRA Vs. KANHIYA LAL

JUDGEMENT

(1.) This appeal arises out of the judgment and decree dated 15th May 2007 wherein the learned Additional District Judge in Suit No. 493/2003 titled as Kanhiya Lal v. Smt. Taira, granted a decree of specific performance of Contract /Agreement to sell, by which the defendant/appellant herein was directed to execute the sale in favour of the plaintiff/respondent herein within 30 days from the date of the judgment. On the date of the execution of the sale the respondent was required to pay to the appellant a sum of Rs. 1,25,000/-. In the alternative, the respondent would be entitled to recover from the appellant a sum of Rs. 4 lakhs with interest @ 9% per annum from the date of institution of the suit till the amount recovered. The learned ADJ further granted a decree of permanent injunction in favor of the respondent permanently restraining the appellant along with her family members, agents, etc. from further selling, alienating, transferring or parting with possession of the suit property to any other person in any manner.

(2.) The brief facts of the case are as follows:

(3.) The respondent-plaintiff sought the following reliefs in Suit No. 493/2003: