VIKRAM SINGH Vs. K.D. SHARMA AND ANR

JUDGEMENT

(1.) The petitioner is a plaintiff in a suit for grant of decree of perpetual injunction along with mandatory injunction, restraining the defendant No.1 from raising further construction and for removing the existing construction. The petitioner claims that he has purchased the property vide a registered Sale Deed dtd. 24/3/2006, from Sh. Boota Ram, whereas, the defendant No.1 claims agreement to sell in his favour, from Sh. Boota Ram on 16/10/1996. The defendant No.1 did file a suit for specific performance of the agreement to sell but the same was dismissed for non-prosecution on 14/9/2010. As noticed, the plaintiff has not filed a suit for grant of injunction.

(2.) The trial Court allowed the application under Order 39 Rule 1 and 2 CPC, whereas, the First Appellate Court has dismissed the application while reversing the order, passed by the trial Court.

(3.) The First Appellate Court has observed after thoroughly reading the plaint, that the plaintiff(petitioner) admits the possession of defendant No.1 on the said property. The First Appellate Court has drawn this conclusion on the basis of the following pleadings:-