ASHOK KUMAR KATIYAR Vs. CHARAN JEET SINGH

JUDGEMENT

(1.) This first appeal from order has been filed on behalf of defendant-appellant against the order dtd. 28/8/2023, passed by Commercial Court, Kanpur Nagar, in Commercial Suit No. 46 of 2023 (Charan Jeet Singh and others vs. Ashok Kumar Katiyar and another) by which temporary injunction was granted in favour of plaintiffs on the application filed under Order 39 rule 1 and 2 read with Sec. 151 C.P.C. (Paper No. 6-C). The defendant-appellant was restrained to interfere in peaceful possession of plaintiffs-respondents over property no. 117/A-1, situated at Arazi Nos. 594, 595 and 596 in village Barsaitpur Tehsil and District Kanpur Nagar. The defendant was also restrained to interfere in operation of petrol pump, its bank account and to maintain status quo in respect of suit property.

(2.) Heard Sri Sushil Kumar Shukla, learned counsel for the appellant, Sri Rahul Sahai, learned counsel for the respondents and perused the record.

(3.) Brief facts of the case are that the defendant-appellant was the owner and in possession of property no. 17/A-1, situated over Arazi Nos. 594, 595 and 596 in village Barsaitpur Tehsil and District Kanpur Nagar. The defendant-appellant has sold 700 sq. yards (585.27 sq. meter) land of the aforesaid property to the plaintiff along with petrol pump through registered sale deed on 24/2/2020. The possession of petrol pump had already been handed over by defendant appellant to the plaintiff-respondent no. 1 on 19/10/2019. A memorandum of undertaking was executed between the parties on 27/6/2019. It was agreed between the parties that the plaintiff-respondent no. 1 will pay Rs.6,25,00,000.00 to the defendant-appellant as sale consideration. The plaintiff no. 1 had already paid Rs.1,00,00,000.00 at the time of execution of memorandum of undertaking and the remaining amount was agreed to pay at the time of execution of sale deed. It was also agreed that defendant-appellant will transfer petrol pump to the plaintiff no. 1 after completing formalities with Hindustan Petroleum. The defendant-appellant had sent legal notice to the plaintiff no. 1 in the month of December, 2019 admitting therein that he received Rs.2,23,00,000.00 and Rs.4,02,00,000.00 is still outstanding. The sale deed in respect of petrol pump as well as suit property was executed by defendant-appellant in favour of plaintiff-respondent no. 1 on 24/2/2020 and possession was also handed over to the plaintiff-respondent no. 1.