HARPREET SACHDEVA Vs. MUKESH GARG

JUDGEMENT

(1.) BY this order, I shall dispose of two applications being I. A. No. 7438/2007 under Order VII Rule 11 CPC filed by defendant No. 1 and IA No. 7439/2007 under Order 7 Rule 11 CPC filed by defendant no. 2 seeking rejection of plaint filed by the plaintiff. The plaintiff has filed the suit for specific performance and permanent injunction against the defendants.

(2.) THE defendant no. 1 alleged that prior to the filing of the present suit, he has already sold the suit property to defendant no. 2 by way of registered sale deed dated 09. 02. 2007 duly registered with Sub-Registrar-III as Registration No. 725 in Book No. I. , Vol. No. 12, 219 on pages 105 to 112. In these circumstances, it is submitted that he cannot execute any alleged agreement to sell for which specific performance or permanent injunction with respect to the suit property is sought by the plaintiff. Only a suit for damages and not a suit for specific performance lie under these circumstances and therefore, the suit of the plaintiff qua the defendant no. 1 for specific performance and other reliefs relating to the suit property is not maintainable.

(3.) IN the application filed by defendant No. 2, it is submitted that the entire body of the plaint is silent qua defendant No. 2 company and does not allege or raise any specific allegation or otherwise against the defendant No. 2. It is submitted that the only fact admittedly mentioned in the plaint is regarding the purchase of the suit property by the defendant No. 2 company. It is submitted that no cause of action is disclosed qua defendant No. 2 in the plaint.