APAR REAL ESTATE (P) LTD Vs. NEELAM SINGH

JUDGEMENT

(1.) THIS first appeal is directed against the judgment and decree dated 17 -07 -2003, passed by the Additional District Judge, Nainital, in Civil Suit No. 75 of 1998, whereby said court has dismissed the suit

(2.) HEARD Learned Counsel for the parties and perused the record.

(3.) DEFENDANTS contested the suit and filed their written statement before the trial court. It is pleaded by them that the Defendants are co -owners of the property in suit and the property in their co -possession. It is denied that Defendant No. 1 did not comply with the terms mentioned in agreement dated 09 -09 -1993. It is further stated that the possession of the Defendants is not unlawful. As to the proceedings under Section 145 of Cr.P.C, it is stated that the Plaintiff had initiated the same for multiplying the litigation between the parties for unlawful gain. It is denied that Defendants intended to transfer the property or to cause any damage to it. In the additional pleas it has been stated that in pursuance to the agreement dated 09 -09 -1993, the Defendant No. 1 has deposited the entire amount of consideration (i.e. rupees nine lakh only), which includes Rs. 3,00,000/ - deposited by Defendant No. 1 in pursuance to the orders of the Delhi High Court, where the arbitration case was pending.