RAJ SINGH Vs. ASHA GUPTA AND ORS.

JUDGEMENT

(1.) Plaintiff Smt. Asha Gupta, respondent No.1 herein, had filed a suit on 26.5.2008 for specific performance of the agreement to sell dated 26.8.2004 qua HUDA plot No.692, Sector 39, Gurgaon with consequential relief of permanent injunction restraining defendant No.1 Raj Singh, petitioner herein, as also defendant No.2 Smt. Savitri Devi, respondent No.2 herein, from alienating the plot to any other person except the plaintiff. Defendants No.4 and 5, respondents No.4 and 5 herein, were also sought to be injuncted against granting of permission for transfer of the plot. The plot in question after the death of allottee Attar Singh had been re-allotted in the names of his legal heirs viz. defendants No.1 to 3. The agreement had been executed only by defendant No.1. Deceased Attar Singh or defendants No.2 and 3 had never agreed to sell the plot in question to the plaintiff. On the request of the petitioner, names of respondents No.2 and 3 were removed from the array of respondents vide order dated 29.8.2014.

(2.) The lower court after considering these aspects had come to the conclusion that neither relief of specific performance of the agreement nor relief of permanent injunction was any further available to the plaintiff. The lower court had come to the further conclusion that decree for recovery of earnest money had not been sought despite order of the Court to this effect of 11.9.2006. The lower court, on application of the defendants under Order VII Rule 11 CPC (Annexure P-2), verdicting that the suit was not maintainable and accepting the application of applicant-defendant No.1, the plaint was rejected (Annexure P-3).

(3.) Against order dated 11.2.2011 (Annexure P-3) rejecting the plaint, the plaintiff filed civil appeal. Vide order dated 19.5.2012 (Annexure P-4), the first Appellate Court remanded the case for fresh decision by the lower court. Order of the first Appellate Court of 19.5.2012 is under challenge in this revision petition.