RAKESH Vs. ANURAG AND OTHERS

JUDGEMENT

(1.) Petitioner has filed the present petition being aggrieved by the order dated 7.3.2015 by which his application under Order 6 rule 17 of the CPC has been rejected.

(2.) Facts of the case, are as under: An agreement to sale dated 1.3.2009 was executed between the plaintiff and defendant No.1 for sale of land bearing Survey No.15/1 (New No.15/12) area 0.90 hectare in total consideration of Rs.10.00 lac. According to the plaintiff, at the time of agreement, an amount of Rs.1.00 lac was paid and thereafter Rs.2.00 lacs was paid. The defendant No.1 took a loan of Rs.6.00 lacs by mortgaging the said suit property and another agreement dated 31.8.2009 was executed between the plaintiff and defendant No.1 by which the agreement dated 1.3.2009 was renewed.

(3.) In the month of September 12010, the plaintiff came to know that defendant No.1 has sold the suit property to defendants No.2 to 5 by registered sale deed dated 19.10.2010 by concealing the agreement with the plaintiff. That on 13.8.2012, the plaintiff filed the suit for declaration and permanent injunction that the sale deed dated 19.10.2010 be declared null and void and the defendant be restrained to interfere into his peaceful possession. In the said plaint in para 12, the plaintiff has reserved his right to file suit for specific performance.