PUNARVESH CHANDRA UPADHYAY Vs. PREETI AGRAWAL

JUDGEMENT

(1.) This is a defendant's first appeal, arising out of a suit for specific performance of contract.

(2.) Dr. Preeti Agrawal instituted Original Suit No. 1020 of 2010 in the Court of the Civil Judge (Senior Division), Gautam Budh Nagar against Punarvesh Chandra Upadhyay, the appellant here, the New Okhla Industrial Development Authority (for short, 'NOIDA') through its Chief Executive Officer and Dr. Sunil Sharma, Dr. Preeti Agrawal's husband, principally seeking the relief of specific performance of contract. Alternatively, a re- lief of damages to the tune of 44,01,100/-, together with 18% annual interest, was claimed against Upadhyay and refund of the entire sum of money deposited by Dr. Preeti Agrawal in the office of the NOIDA. In addition, a permanent prohibitory injunction was sought against Upadhyay to the effect that he may be restrained from transferring the suit property in favour of any third party perpetually and desist from interfering with Dr. Preeti Agrawal's possession therein, in any manner whatsoever. In substance, therefore, the suit is one for specific performance with an alternative relief for damages, the permanent injunction, being no more than an aid to the principal relief of specific performance.

(3.) Dr. Preeti Agrawal, who shall hereinafter be called 'the plaintiff', came up with a case in the plaint that Plot No. 51, Block-B, Sector 52, NOIDA, District Gautam Budh Nagar, admeasuring 450 square meters, was allotted by the NOIDA in favour of Punarvesh Chandra Upadhyay, defendant No. 1 to the suit (for short, 'the defendant') on 19/1/2004. The above mentioned plot of land, which is described at the foot of the plaint with reference to its plot number, block number, sector number and its revenue district of location, shall be called hereinafter 'the suit property'.