SATISH VERMA Vs. JEETINDRA CHURAMANI AND ANR.

JUDGEMENT

(1.) In this suit, I.A. No. 9471 of 2009 under Order 39 Rule 2A CPC has been made by the plaintiff against the defendants after an application being I.A. No. 141 of 2009 was made by one Mr. Gurmeet Singh Wadalia under Order 39 Rule 2A CPC.

(2.) The plaintiff herein, Mr. Satish Verma, had filed a suit for specific performance against defendants in respect of property No. 17, Central Drive, DLF, Chattarpur Farms, New Delhi. The property is a farm house and the plaintiff has alleged that the defendants had entered into an Agreement to Sell in respect of this property with the plaintiff and later on refused to honour the Agreement. He, therefore, filed a suit for specific performance.

(3.) This court on 10th May, 2005 passed an interim injunction against the defendants restraining defendants from transferring, selling, encumbering, creating third party rights or parting with possession of the suit property. Notice of this was sent to the defendants, who initially refused to receive the service. However, the defendants put appearance on 29th July, 2005. The order passed by this Court on 10th May, 2005 was confirmed and made absolute on 23rd July, 2008 and issues were framed. During the period when evidence was going on, the defendants made an application to the court being I.A. No. 10810 of 2008 under Order 39 Rule 4 CPC with a prayer that the court should modify the order and allow defendants to lease out the property to one Mr. Gurmeet Singh Wadalia. This application was made on 25th August, 2008. This Court issued a notice of the application and after considering the reply of the plaintiff, vide order dated 24th November, 2008, permitted the defendants to allow the use and occupation of the property to Mr. Gurmeet Singh Wadalia, subject to the condition that Mr. Gurmeet Singh Wadalia would not claim to be a tenant or in possession of the said property and further subject to Mr. Gurmeet Singh Wadalia filing an undertaking in the form of an affidavit before this Court setting out the terms and conditions of the settlement between him and the defendants and further with an undertaking that on the expiry of one year from the date of commencement of use and occupation, he shall remove himself from the property, not claiming any right therein and would not correspond with any authorities whatsoever adversely to the interest of the defendants. It was also directed that an advance copy of the affidavit of Mr. Gurmeet Singh Wadalia be supplied to counsel for the plaintiff.