BAL KISHAN Vs. RAM SINGH

JUDGEMENT

(1.) Vide agreement to sell dated 11-6-96 Banwari Lal agreed to sell land measuring 17 kanal which is equivalent to 3/128 share of land measuring 726 kanal 12 marla to Bal Kishan and Jagdish Parshad for a sum of Rs.3 lacs. A sum of Rs. 1.70 lacs was received by him on 11-6-96. Sale deed was to be got registered on 27-5-97. Remaining amount of Rs. 1.30 lacs was to be paid at the time of the registration of the sale deed. Banwari Lal defendant was co-sharer in land measuring 726 kanal 12 marla. He had 3/128 share which was equivalent to 17 kanals. Banwari Lal, however, did not execute sale deed per that agreement in favour of Bal Kishan and Jagdish Parshad. Pal Kishan and Jagdish Parshad accordingly filed civil suit No.603 of 1997 against Banwari Lal in the Court of Civil Judge (junior Division), Narnaul for specific performance which was decreed exparte on 28-7-99. Banwari Lal did not execute sale deed in favour of Bal Kishan and Jagdish Parshad nor did he give possession to Bal Kishan and Jagdish Parshad. Bal Kishan and Jagdish Prashad deposited the remaining amount of Rs. 1.30 lacs in the Court. Bal Kishan put in execution on 1-12-98 for the execution of that decree in the Court of Civil judge (Junior Division), Narnaul.

(2.) During the pendency of that execution petition, Bal Kishan filed suit for permanent injunction against Ram Singh, Banwari Lal, Hindustan Petroleum Corporation Ltd. (contesting defendants) and Jagdish Parshad (proforma defendant) restraining Ram Singh and Banwari Lal from alienating any specific portion of land measuring 726 kanal 12 marla by way of sale, mortgage, gift or lease etc. without getting it partitioned and for another injunction restraining Ram Singh, Banwari Lal and Hindustan Petroleum Corporation Ltd. from raising construction on any portion of the land measuring 726 kanal 12 marla or any specific khasra number thereof without getting the same partitioned. According to Bal Kishan, total area of land is 726 kanal 12 marla. Some part of this land is situated along Narnaul-Kotputli Road which is costlier. Ram Singh, Banwari Lal and Hindustan Petroleum Corporation Ltd. have colluded with each other and they wanted to assume possession of particular portion of the suit land without getting the same partitioned. If they succeed in taking possession of a particular portion, it would affect the rights of the plaintiff. According to the plaintiff (Bal Kishan), he and Jagdish Parshad have become co-sharers in land measuring 726 kanal 12 marla on account of that decree for specific performance in their favour and, therefore, they were within their right to restrain the alienation of any specific portion or specific khasra number of that land by any other co-sharer to any one without getting the same partitioned. Hindustan Petroleum Corporation Ltd. purchased land measuring 16 kanal from Ram Singh (co-sharer), defendant vide sale deed dated 10-4-2000 which is prime land being situated along the road side. Along with the plaint, plaintiff made an application for the grant of temporary injunction.

(3.) Vide order dated 28-4-2000, learned Civil Judge (Junior Division), Narnaul declined this application. Not satisfied with the order dated 28-4-2000 of Civil Judge (Junior Division), Narnaul, Bal Kishan plaintiff went in appeal which was dismissed by learned District Judge, Narnaul vide order dated 16-9-2000.