AVTAR SINGH Vs. JAGJIT SINGH AND ANOTHER

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order of the learned Civil Judge (Jr. Divn.), Patiala, dated 07.11.2014, by which the application filed by the petitioner (plaintiff before that Court) under Order 39 Rules 1 and 2, seeking a stay on alienation of the suit property, has been dismissed.

(2.) The brief conspectus of the facts, as per the case of the plaintiff, is that defendant no.1 (present respondent no.1, Jagjit Singh), through his General Power of Attorney, Rakesh Kumar, agreed to sell land measuring 5 kanals 7 ? marlas, as fully described in the plaint, vide an agreement of sale dated 04.01.2006, for a total consideration of Rs. 27 lacs; of which Rs. 9 lacs is stated to have been received by the aforesaid attorney on the date of the agreement.

(3.) It is further contended by the plaintiff that as per the agreement, defendant no.1 would get the suit land partitioned and execute the sale deed on or before 04.07.2008, on payment of the remanning consideration. However, that not having been done, the aforesaid attorney is contended to have told the plaintiff that since the land could not be partitioned, a sum of Rs. 2 lacs more may be paid, with the date of registration extended to 31.10.2010, which was agreed to in writing (as per the suit of the plaintiff).