MANU VIG Vs. AMANPREET SINGH

JUDGEMENT

(1.) The instant appeal has been filed by the plaintiff under Sec. 96 C.P.C. against the impugned judgment and decree dtd. 21/1/2026 passed by the Civil Judge (S.D.), Gautam Buddh Nagar in Civil Suit No. 2161 of 2024, Manu Vig vs. Amanpreet Singh & Others, whereby the suit for the relief of mandatory and permanent injunction has been rejected.

(2.) The factual matrix is that the plaintiff-appellant filed Original Suit No. 2161 of 2024 against the defendant-respondents with the averments that defendant No.1, Amanpreet Singh, is the owner in possession of Flat No. 2604, Tower No. 5, having an area of 1700 square feet, situated in Amrapali Crystal Homes, Plot No. GH-01/A, Sector-76, Noida, District Gautam Buddh Nagar, which was allotted to defendant No.1 by defendant No.3, M/S Amrapali Silicon City Pvt. Ltd., which is a residential property.

(3.) It was further averred that defendant No.2, Smt. Nidhi Singhal, is the power of attorney holder of defendant No.1 who was authorized to sell the property and contest litigation on his behalf. It was also averred that an agreement to sell was executed between the plaintiff and defendant Nos. 1 and 2 on 27/2/2024, whereby it was agreed that the disputed property would be sold for a consideration of Rs.99.45 lakhs. Out of this amount, Rs.10.50 lakhs was paid as earnest money at the time of execution of the agreement. Subsequently, in cash, Rs.9.50 lakhs was paid on 2/3/2024, Rs.8.50 lakhs on 30/3/2024, and Rs.1.50 lakhs on 13/4/2024. In this manner, a total amount of Rs.30.00 lakhs was paid by the plaintiff, as part-consideration of the disputed property to the defendants no.1 and 2.