SATPAL SINGH Vs. HARDEV SINGH

JUDGEMENT

(1.) THE petitioner by way of present revision petition has challenged the order dated 14.6.2005 passed by the learned Civil Judge (Senior Division), Nawanshahr as well as the order dated 22.10.2005 passed by the learned Additional District Judge, Nawanshahr declining the application moved by the petitioner under Order 39 Rules 1 and 2 of the Code of Civil Procedure (for short the Code).

(2.) THE petitioner had filed a suit for possession by way of specific performance of the agreement to sell dated 25.5.2004 regarding the property in dispute or in the alternative for the recovery of Rs. 20,00,000/-.

(3.) REPLY to the application was filed and it was alleged that the agreement to sell did not create any title and the transaction made would be hit by doctrine of lis pendens. It was claimed that the plaintiff has no prima facie case and the balance of convenience was also not in his favour.