PUSHPMALA RAJE ALIAS SHAMISTHA DEVI Vs. MAHENDRA SINGH

JUDGEMENT

(1.) The order dated 22-10-2010 passed by learned First Additional Judge to the Court of Second Additional District Judge, Gwalior in Civil Suit No. 61 -A/2010 has been made pivot by the appellant/defendant No. 1 by filing this appeal under Order 43, Rule l(r), Civil Procedure Code.

(2.) No exhaustive statements of facts are required to be narrated for the disposal of this appeal. Suffice it to say that a suit for Specific Performance of Contract has been filed by plaintiff/respondent No. 1 against present appellant and respondents No. 2 to 4, who are defendants in the suit.

(3.) According to the plaintiff, a document of agreement of sale has been executed between the parties on 20th November, 2008 and it was agreed upon by the parties that the defendants shall alienate the suit property to plaintiff for a consideration of Rs. 8,00,000/- in which the plaintiff is residing as tenant of the defendants. It is further the case of plaintiff that a sum of Rs. 7,00,000/- in advance was paid by him to defendants and this fact is also embodied in the document of agreement of sale. Further, it has been pleaded that till the sale deed is executed, the status of defendant would be that of tenant only and he would occupy the suit property as tenant. Since it came into the knowledge of the plaintiff that defendants are trying to alienate the suit property to third person, the present suit has been filed for specific performance of contract and a decree of injunction has been sought that defendants should not alienate the suit property to any third party.