SHYAMLEELA DEVELOPMENT PVT LTD Vs. ANIL KUMAR SINGH

JUDGEMENT

(1.) These two revisions were heard together and are being disposed of by a common judgment as was jointly agreed by the Learned counsel for the parties. They are directed against two separate orders both dated 8th of September, 2011 passed by the Court below rejecting the application Nos. 38C and allowing 46Ka, preferred by the applicant defendant herein. The original suit No. 1740 of 2008 has been instituted by Anil Kumar against Smt. Shanti Devi and others for mandatory injunction claiming the following relief's :

(2.) Initially, the said suit was filed against three defendants and the defendant No. 4 who has filed the present revision was imp leaded subsequently by the plaintiff on the allegation that he has purchased the property in dispute during the pendency of the suit.

(3.) The aforestated suit has been filed on the allegations that the defendant Nos. 1 and 2 are owners of several properties as detailed in the plaint. They expressed their desire to sell two properties to the plaintiff. Therefore, two sets of agreements for sale of properties enumerated in each agreement were entered into. It was agreed upon that the sale-deed would be executed within a period of one year thereof. The sale agreements are dated 15th of June, 2005. The suit giving rise to these revisions was instituted in the month of September, 2008.