HUKAM CHAND KHATTAR Vs. RABIR SINGH AND ORS.

JUDGEMENT

(1.) This order will dispose of the application for interim injunction under Order -39, Rules 1&2. Consequently, it would also dispose of the defendant's application - I.A.11758/2009.

(2.) The plaintiff seeks declaration against the defendants that the sale deed dated 8.5.2006 registered on 19.5.2006 in respect of 30 Bighas and 2 Biswas of land (hereafter referred to as the suit property) at Village and P.O. Tikri Kalan in effect is void and inoperative and also for consequent mandatory injunction to direct the defendant Nos. 1 -3 to execute the sale deed in the plaintiff's favour to the extent of 50% of the said suit land.

(3.) According to the suit, the plaintiff and defendant No. 4 jointly agreed to purchase the 36.07 Bigas, which consisted of the suit land as well, from their owners - defendant Nos. 1 -3 for a total consideration of Rs. 1,10,23,334/ -. The plaintiff relies upon an oral understanding or agreement dated 5.10.2005. He refers in paragraph 4 of the Suit to 8 cheques having been issued on various dates between 5.10.2005 and 15.1.2006 to the said defendant Nos. 1 -3, the vendors towards his share of the agreed consideration. The plaintiff has placed on record copies of the statement of accounts issued by the Bank for the relevant period (refer to page 89&91, 92&93 of the documents submitted by the plaintiff). It is alleged that since the permission of the revenue authorities was required for the execution of the sale deed, application for that purpose, was moved. The plaintiff alleges that since the property prices in and around Delhi had started spiraling, the defendant No. 4 (who had agreed jointly with the plaintiff to purchase 50% of the land), behind his back, conspired with the defendant No. 1 -3 and got the impugned sale deed executed and registered.