VIJAY KUMAR Vs. RAVINDER SINGH SUKLA

JUDGEMENT

(1.) BY means of this petition, the Petitioner has challenged the order dated 22nd June, 2011 passed by the learned Additional District Judge (II), Kangra at Dharamshala, whereby he rejected the appeal filed by the present Petitioner (hereinafter referred to as 'the Plaintiff ') and confirmed the order of the learned Civil Judge (Senior Division), Kangra at Dharamshala, dated 03.04.2008, rejecting the application filed by the Plaintiff for grant of interim injunction.

(2.) THE facts, stated in a nut shell, are that the Plaintiff filed a suit that Defendant No. 1, Ravinder Singh Sukla, entered into an agreement with him on 1st September, 2003, whereby he agreed to sell the suit property, which comprised of two plots measuring 596.25 sq. mts. and 615.25 sq. mts. On the second plot, there exists a single storeyed house with tin roof. The Defendant had agreed to sell the entire property to him for a sum of 5,00,000/ - (Rupees Five Lacs only) on 1st September, 2003. A sum of Rupees One Lac was paid at the time of agreement, a sum of Two Lacs on 11.12.2004 and another sum of Rupees One Lac on 22.9.2005, i.e. total Four Lacs out of the sole consideration of Rupees Five Lacs was paid. He, therefore, prayed for specific performance of the Contract.

(3.) DEFENDANT No. 1 did not contest the suit and filed a written statement virtually admitting the case of the Plaintiff. The stand of the Bank was that this is a collusive litigation between the Plaintiff and Defendant No. 1 in order to defeat the rights of the Bank under different provisions of law.