BHUPENDRA J TEJURA Vs. AJIT DEVELOPERS PVT LTD

JUDGEMENT

(1.) BY this motion, plaintiff is praying for Receiver and injunction in respect of properties described at Ex.'A', page 25 to the plaint.

(2.) SUIT is filed for declaration that instrument dated 5.1.1991 be declared as void and cancelled. Consequential reliefs are also sought for. By amendment, transfer in favour of defendant No.4 by defendant No.1 is also challenged.

(3.) FROM record, it is clear that till year 1994 and when public notice was published, plaintiff has not taken any steps. Defendant No.1 has filed affidavit in reply stating therein that entire amount is paid to plaintiff and defendant Nos. 2 and 3. It is clear that plaintiff has not made any grievance about non-receipt of the amount up to 20.12.1994 inspite of agreement being executed on 5.1.1991. From record, it is further clear that now the property is transferred in favour of defendant No.4. Plaintiff has signed the document dated 5.1.1991 and has also signed receipt regarding payment of the amount. If he has any grievance regarding non-payment, the grievance should be against co-assigner i.e. defendant Nos. 2 and 3. No relief can be claimed against defendant No.1. From the facts as stated by defendant No.1 in his affidavit in reply dated 21.8.1995, case made out by plaintiff cannot be accepted. Plaintiff has come with after thought pleadings. I find no substance in the present motion.