MISS MEERA SHARMA Vs. JAGJIT SINGH

JUDGEMENT

(1.) BY way of present revision petitioner has challenged the order dated 20.4.2005 passed by the Civil Judge (Jr. Divn.), Chandigarh, dismissing the application moved under Order 14 Rule 2 read with Section 151 of the Code of Civil Procedure by framing a preliminary issue on the question of res judicata and disposing of the same.

(2.) THE petitioner had filed a suit for permanent injunction restraining the respondent from entering into an agreement, power of attorney and will etc. in respect of plot No. 289, Sector 40-A, Chandigarh bearing L.R.P. No. 2100 measuring 192 sq. yards and further restraining the defendant from alienating the property i.e. plot No. 289, Sector 40-A, Chandigarh and from interfering in her peaceful possession and also for grant of mandatory injunction in favour of the petitioner directing the respondent to get the General Power of Attorney, Special Power of Attorney, Will registered as per the agreement to sell dated 14.6.1989.

(3.) THE learned trial Court also came to the conclusion that the petitioner was put into possession of the plot in dispute in pursuance to the agreement to sell and she had paid the entire sale consideration. So right was created in favour of the petitioner over the plot in dispute and that the petitioner was entitled to protect her possession over the plot in dispute and permanent injunction in her favour was granted. While granting relief of injunction in favour the petitioner, the other reliefs claimed in the suit were declined.