MR. ZAFAR ALAM Vs. SK SHAKEEL AHMED

JUDGEMENT

(1.) The petitioners have impugned order dated 24.05.2016 passed by learned District Judge Shillong, in Review Petition No. 1 (H) of 2014 arising out of FAO No. 4 (H) of 2012 whereby application for review filed by the petitioner was dismissed. The petitioners have also challenged judgement and order dated 21.08.2014 passed by learned District and Sessions Judge, Shillong in FAO No. 4 (H) of 2012 whereby appeal filed by the petitioners against the order dated 08.11.2012 passed by Munsiff dismissing interim application of the petitioners was dismissed.

(2.) In nut shell, the case of the petitioners is that they are residing in property Holding No. 44A, Ward No. VI, Shillong Cantonment, Shillong as tenants for the last 40 years. In the year 2010, petitioners/plaintiffs wrote a letter dated 7.06.2010 to respondent No. 1 (defendant No. 1 in the original suit) expressing desire to purchase the property in question. After negotiation, an understanding was entered into between the respondent No. 1(defendant No. 1 in the original suit) and the plaintiffs and respondent agreed to sell the property in question to the plaintiffs for a sum of Rs. 42 lakhs. Thereafter, the defendant No. 1 requested the plaintiffs to pay a sum of Rs. 30,000/ - as part payment towards oral agreement for sale. However, the petitioners/plaintiffs paid a sum of Rs. 40,000/ - to respondent No. 1(defendant No. 1 in the original suit) in cash. The petitioners filed a suit for declaration challenging the Gift Deed dated 28.02.2012 regarding property in question except by respondent No. 1 to 9 in favour of respondents No. 10 to 18 and for injunction.

(3.) Along with the suit the petitioners moved an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Civil Procedure Code, 1908, praying, inter -alia to prevent the mutation of the suit property and also to restrain from transferring the same by the respondents No. 10 to 18 to any other person. The said application was dismissed by learned Munsiff on 08.11.2012.