UMEED SINGH Vs. VIRANCHI REALTORS

JUDGEMENT

(1.) This Misc. Appeal filed under Order 43 Rule (1)(r) of C.P.C is directed against the order dated 20.02.2015 passed in Civil Suit No. 22A/2014. The Court below by order dated 20.02.2015 granted injunction in favour of the plaintiff. It is directed that plaintiff be not dispossessed from the suit land and the other side is injuncted from making any interference in the possession of plaintiff.

(2.) Shri N.K. Gupta, Sr. counsel submits that in the plaint it is pleaded that the instant suit is for specific performance of agreement to sale. In the plaint, it is pleaded that Sajju Bai mother of respondents No. 1 & 2 was the owner of land bearing Survey No. 29/2 and 30/2 situated in village Naugaon, Tehsil and District Gwalior. Sajju Bai agreed to alienate the land by executing an agreement dated 15.09.2010 and accordingly, full consideration of Rs. 15,00,000/ - was received by Sajju Bai in the shape of account payee cheque. One cheque of Rs. 1,00,000/ - was received by Sajju Bai and remaining amount of Rs.14,00,000/ - was paid to Ramlakhan. In view of aforesaid, possession was handed over to the plaintiff and plaintiff is in possession.

(3.) Shri Gupta further submits that Sajju belongs to aboriginal tribe. Hence, before obtaining permission from Collector land could not be alienated. Hence, parties agreed that they will obtain the permission for alienating the land and thereafter sale deed will be executed. Shri Gupta drew attention of this court on the pleading that defendant No.2, who was one of the witness of agreement, wrongly got the sale deed executed in his favour from Sajju Bai on 04.06.2013 and now he is trying to interfere in possession of respondent No1 / plaintiff. Suit for specific performance is filed seeking declaration that sale deed executed by Sajju Bai in favour of defendant No.2 is not binding upon respondent No.1 / plaintiff. Along with suit, an application under Order 39 Rule 1 & 2. C.P.C. was filed by the plaintiff. After obtaining reply of said application, court below passed the impugned order.