VINOD KUMAR Vs. CHARAN DASS SHARMA

JUDGEMENT

(1.) PLAINTIFF is in revision aggrieved against the concurrent orders passed by both the Courts below whereby his application under Order 39 Rules 1 and 2 CPC for temporary injunction was dismissed vide order dated 6.5.2013 (P -8) passed by the learned Additional Civil Judge (Senior Division) Garhshankar and the findings affirmed vide order dated 10./3.2014 (P -9) passed by the learned Additional District Judge(Adhoc) FTC, Hoshiarpur.

(2.) PLAINTIFF filed a suit for permanent injunction seeking to restrain the defendants from alienating any part of the suit land measuring 34K2M as also from dispossessing the plaintiff illegally and forcibly from the suit land, fully described in the plaint on the pleadings that the defendants had entered into an Agreement to Sell dated 22.11.2011 for the sale of suit land for a total sale consideration of Rs. 98 lacs on payment of an earnest money of Rs. 10 lacs and was also put in possession of the part of the suit land at the time of the execution of the said Agreement to Sell. It is stated that the target date for execution of the sale deed was 31.7.2013. Defendants have admitted execution of the Agreement to Sell as also the payment of Rs. 10 lacs as earnest money. However, they have stated that the plaintiff, as per the Agreement to Sell was required to pay the next installment towards earnest money for a sum of Rs. 30 lacs by 31.12.2012. The said installment was not paid and instead the suit was filed on 25.1.2013.

(3.) AT the time of hearing learned counsel for the plaintiff/petitioner could not point out any perversity or material illegality in the impugned orders warranting interference by this Court.