MANOJBHAI RAVJIBHAI RADADIYA Vs. KESHAVLAL DAYARAM DHANANI

JUDGEMENT

(1.) This Appeal From Order is filed by the present appellants - original defendant Nos.4 & 5 against the order passed by the 3rd Joint Civil Judge (S.D.), Surat on 28.08.2003 below an application Exh.78 in Special Civil Suit No. 217 of 1999 whereby the learned Trial Judge has granted the interim relief in favour of the present respondent No.1 - original plaintiff as prayed for in para 8 (1) of the injunction application Exh. 78, till the final disposal of the suit. The learned Trial Judge has restrained the respondent Nos. 4 & 5 from transferring suit scheme/property to any other person and prevented them from disturbing the possession of the respondent No.1 as found from the order passed below Exh. 5.

(2.) The brief facts giving rise to the present Appeal From Order are that Special Civil Suit No. 217 of 1999 was filed by the present respondent No.1 for specific performance of agreement of sale dated 28.04.1984. The said suit was filed by the respondent No.1 only against late Shri Baldev A. Parmar, Rajendrasinh A. Parmar and late Vikramsinh B. Parmar, the original defendant Nos.1,2,3. The agreement of sale dated 28.04.1984 was in respect of Revenue Survey No. 124/1 paiki 23,775 Sq. Mtrs. and Revenue Survey No.125-A paiki 10,522 Sq. Mtrs. in all 34,297 Sq. Mtrs. and the amount of Rs.45,000/- in cash and cheque of Rs.10,000/- were paid in the year 1984, as against the total consideration of Rs.6,17,348/- which was agreed to be paid as the price of 34,297 Sq. Mtrs. land. The possession of the suit land was also alleged to have been given to the present respondent No.1. It is stated that on 14.07.1998, original owners entered into an irrevocable Power of Attorney in favour of the present appellant No.1-original defendant No. 4 giving him full authority to enter into transactions and to carry out any action for permission regarding Survey No. 124/1 of village Dabholi, Tal. Choryasi, Dist. Surat which was the land admeasuring 23,775 Sq. Mtrs. The possession of the said land was said to have been handed over on the same day i.e. 14.07.1998. The present suit was filed by the present respondent No.1 against the original owners of Survey No. 124/1 without joining all the owners of the land. On 28.07.1999, the present appellants gave an application for development permission and paid deposit for such permission as power of attorney holder of the original owners of Survey No. 124/1 of village Dabholi. Thereafter, on 10.09.1999, the Regd. Sale Deed was entered into between the present appellants and the original owners of Survey No. 124/1. After the execution of the Sale Deed in favour of the present appellants, the present appellants paid development charges to the Surat Urban Development Authority to the extent of Rs. 2,48,860/- on 24.03.2000. The present appellants have also paid water deposit of Rs. 49,945/- and Rs. 40,675/- as security deposit on 01.04.2000. Pursuant to the application made by the present appellants for development permission, the Surat Municipal Corporation approved the development plan on 05.05.2000 in respect of the land bearing Revenue Survey No. 124/1 of village Dabholi.

(3.) Since the present respondent No.1 has filed injunction application Exh.5 in Special Civil Suit No. 217 of 1999, the same was heard and injunction was granted on 28.08.2000 against the original owners of the land bearing Survey No. 124/1 of village Dabholi who were the original defendant Nos.1 to 3 in the said suit. Even on that day, the fact that the present appellants have already purchased the land by Regd. Sale Deed and have also obtained development plan duly approved by the Surat Municipal Corporation for construction of a building over the land, was not declared before the Court. It is the say of the present appellants that they were not aware about any order passed below application Exh.5 as the original owners never informed the present appellants about the same and the present appellants as owners started further development of the land. For the purpose of development of land, the present appellants have levelled the land and roads were laid out on Survey No. 124/1, trees were also planted and payments were made on 14.10.2000. An application for supply of water to the local authority was made in October, 2000 and an application for obtaining non-agriculture permission for construction of building was also moved to the appropriate authority. The appellants have also paid amount for removing encumbrance over the land and Certificate by Deputy Collector of Agriculture was given to the appellants to this effect. The appellants have further paid conversion tax amounting to Rs. 2,55,965/- on 19.12.2000 and also paid Rs. 15,358/- for special assessment as per the demand of the District Collector made on 27.11.2000.