OMPRAKASH PARASRAM NAVANI Vs. RAJU BULCHAND SHARMA

JUDGEMENT

(1.) HEARD the learned advocates for the parties.

(2.) THIS appeal is preferred against an interim order of the trial Court by which the defendants are ordered to maintain status quo with regard to the suit property till the final disposal of the suit.

(3.) THE appellants herein are the original defendants no.3 and 4 against whom as well as against respondent no.2 and 3 herein, respondent no.1 has instituted a suit being Special Civil Suit No.45/2005. Aforesaid suit is filed by respondent no.1 for specific performance of the contract and permanent injunction. In the aforesaid suit, it is the case of the plaintiff that the plaintiff is a permanent resident of Adipur town and defendant no.1 is a resident of Pune and defendant no.2, i.e., Sindhu Resettlement Corporation is a body registered under the Companies Act. According to the plaintiff, said Corporation has been incorporated for the purpose of establishing a new township for rehabilitating Sindhi Hindu Refugees migrated from the area of the then West Pakistan to India. Said Corporation has been allotted 2600 Acres of land near Kandla Port Trust for the aforesaid purpose on 99 years lease basis and said Corporation is authorized to construct houses and buildings and sell the same to the share holders and the said Corporation was also authorized to grant lease of the plots to the shareholders. It is also the case of the plaintiff that defendant no.1 -Smt.Bhagwanti Lachmandas Narang is one of the shareholder of defendant no.2 and she agreed to sell the share certificates and sub -leased the plot of land bearing no.322 in Ward No.2 -B and plot No.290 in Ward No.6 -C situated at Adipur -Kachchh with all her rights, title and interest to the plaintiff for Rs.7,50,000/ - and an agreement was entered into on 5 -4 -2005. At the time of executing the sale agreement, defendant no.1 handed over actual possession of the suit plot to the plaintiff. Defendant no.1 signed and executed general power of attorney in favour of her attorney Shri Yajuvendrasinh Jadeja. It is also the case of the plaintiff that all necessary papers and documents are already submitted in the office of defendant no.2 and that the plaintiff was ready and willing to perform his part of the contract and that defendant no.2 is bound to do the needful for completing the said contract. Aforesaid suit is filed for specific performance of contract, also with a prayer to proceed in the matter of obtaining prior permission of Kandla Port Trust for giving effect to said transaction.