RAMKUNWARBAI Vs. NORTH AVENUE INFRASTRUCTURE PVT LTD

JUDGEMENT

(1.) The plaintiff has filed W.P. No.8089/2016 being aggrieved by order dated 3.11.2016 (Annexure P/6) by which her application filed under Order 18 Rule 1 read with Section 151 of the C.P.C. has been rejected.

(2.) The defendant has filed W.P. No.2022/2017 being aggrieved by order dated 3.11.2016 (Annexure P/6) by which the application filed under Order 14 Rule 5 of the C.P.C. has been rejected. The defendant has also challenged the order dated 25.11.2016 (Annexure P/11) by which - (i) application filed under Order 16 Rule 1; (ii) application filed under 8 Rule 1; and (iii) application filed u/s. 138 of the Indian Evidence Act, have been rejected.

(3.) Facts of the case, in short, are that the plaintiff Smt. Ramkunwarbai filed the suit for specific performance of contract and permanent injunction against the defendant firm represented through its Directors. According to the plaintiff, the defendant is the owner of residential plot No.23-A area 30 x 50 ft. situated at Barwani, Tehsil & District Barwani. The plaintiff had agreed to purchased the said plot @ Rs.300/- per Sq.ft. in total consideration of Rs.4,50,000/- by way of agreement to sale dated 20.11.2009. The defendant had also agreed to execute the sale-deed after obtaining necessary permission from the Government Department. At the time of execution of the agreement to sale, the possession had been handed over to the plaintiff. The plaintiff came to know that the Collector, Barwani had already granted the permission in the year 2011 to the defendant for development of the colony and the sale of the plots. She immediately obtained the certified copy on 16.9.2015 and called upon the defendant to execute the sale-deed by sending a legal notice dated 26.10.2015. When the defendant did not execute the sale-deed, then she filed the suit for specific performance on 18.2.2016.