SMT. SAROJ SHARMA Vs. SUDHIR BHARGAVA AND ANOTHER

JUDGEMENT

(1.) PLAINTIFF Smt. Saroj Sharma, by filing this revision petition under Article 227 of the Constitution of India, has challenged orders of both the courts below, thereby declining grant of temporary injunction to the plaintiff -petitioner during pendency of the suit. Plaintiff -petitioner has filed suit against respondents -defendants for specific performance of the agreement to sell dated 15.02.2003. Sale deed was to be executed up to 30.06.2003, extended up to 15.11.2003. Possession of the suit land was also delivered to the plaintiff at the time of agreement. Plaintiff alleged that on the date fixed for sale deed, the plaintiff learnt that entries in khasra girdawari depict possession of one Bishan Narain and not of defendants. The plaintiff protested about it to the defendants, who assured the plaintiff to get the khasra girdawari entries corrected and the sale deed would be executed thereafter. However, aforesaid Bishan Narain filed suit against defendant No. 1 and others claiming exclusive possession of the suit land. He also obtained temporary injunction order in that suit. The said suit was however ultimately dismissed on 24.09.2009. Thereafter, the plaintiff filed this suit.

(2.) DEFENDANTS asserted that the plaintiff was not ready and willing to perform his part of the contract, although the defendants were ready to execute the sale deed as per agreement. Various other pleas were also raised.

(3.) I have heard learned counsel for the parties and perused the case file.