RITA TOOR Vs. LOGICAL DEVELOPERS PVT LTD

JUDGEMENT

(1.) This is defendant's revision petition challenging the impugned order dated 4.8.2009 passed by Additional District Judge, Ludhiana whereby the petitioner has been restrained from alienating the suit property during the pendency of the suit.

(2.) As per the averments, respondent filed a civil suit for specific performance of the agreement to sell dated 12.8.2005 for a total sale consideration of Rs. 1,02,60,000/- out of which earnest money of Rs. 25 lacs was paid to the petitioner. The petitioner failed to execute the sale deed as stipulated. Thereafter, respondent filed civil suit for possession as owner by way of specific performance of the agreement to sell in question on 5.6.2006. The petitioner filed written statement to the aforesaid civil suit filed by the respondent.

(3.) Along with the suit, respondent also filed an application under Order 39 Rules 1 & 2 CPC restraining the petitioner from alienating the suit land in any manner. The aforesaid application was dismissed by the Civil Judge (Junior Division), Ludhiana vide order dated 28.1.2009. Aggrieved from the aforesaid order, the respondent filed an appeal which was allowed by the Additional District Judge, Ludhiana vide the impugned order dated 4.8.2009 and the petitioner was restrained from alienating the suit land during the pendency of the suit.