SATYANARAYAN VERMA Vs. SANDEEP YADAV

JUDGEMENT

(1.) Petitioner has filed this present petition being aggrieved by the order dtd. 9/11/2022 whereby application filed under Order 11 Rule 12 and 14 of C.P.C. has been dismissed. The facts of the case in short are as under:-

(2.) Plaintiff Sandeep Yadav has filed a suit for specific performance of the contract and a permanent injunction. Defendant No.1 is an owner of agricultural land (described in Para 2 of the plaint). He entered into an agreement for the sale of the suit land with the plaintiff on 15/6/2021 at the rate of Rs.401.00 per square foot. The plaintiff was required to make full payment on or before 21/11/2021. The plaintiff made an advance payment of Rs.10,50,000.00 at the time of execution of the agreement. Thereafter, further payments were made by way of cheques to defendant No. 1. According to the plaintiff, he was always ready and willing to get the sale deed executed. As per the terms and conditions of the agreement, he sought permission from defendant No.1 to go for an agreement to sale with another person for which he permitted him to do so. The plaintiff entered into an agreement to sale with Smt. Ranjana Yadav and Rajkumar on 2/9/2021 and made partial payment to defendant No. 1 but later on the said agreement has come to an end and defendant No. 1 returned the cheques to them. According to the plaintiff despite the cancellation of the aforesaid deal he is still willing to get the sale deed executed in his favour. Hence, he filed the present suit. The plaintiff has valued the suit at Rs.75,96,920.00 and paid the maximum amount of Court fees of Rs.1,50,000.00.

(3.) The plaintiff also filed an application under Order 39 Rule 1 and 2 seeking a temporary injunction against the defendant that he restrained not to eliminate the suit property to a third person.