VIJAY ARORA Vs. HIMALAYAN VEGEFRUIT LTD.

JUDGEMENT

(1.) Applicant Vijay Arora has filed the present application, under Order 39 Rules 1 and 2 CPC, read with Sec. 151 CPC, in Civil Suit No. 149 of 2021. The said suit has been filed by the applicant seeking a decree for Specific Performance of Contract/Agreement to Sell, dtd. 19/4/2012, in his favour, by directing the defendants to execute and register the sale deed, in his favour, on receipt of balance consideration, qua the land, previously comprised in khewat/khatauni No. 32/36 min, khasra No. 307/9/2, measuring 05 bighas 11 biswas and land measuring 2 biswas, situated in Mohal Koti, Tehsil Kasauli, District Solan, H.P. alongwith building constructed thereupon, having covered area of 25000 square feet approximately and weight bridge, ETP plant, electric transformer/connection with security deposit and water pump house with complete accessories and after settlement, presently denoted by khata/khatauni No. 131/172, khasra Nos. 663, 664, 665, 667, 668, 669, 670, 671, 672, 672, 673, 674, 675, 676, 677, 678, 679, 690, 691, 692, 693, 694, 695, 769, kitas 23, measuring 00-40- 68 hectares, situated in Mohal Koti, Tehsil Kasauli, District Solan, H.P. and the land comprised in khata/khatauni No. 132/173, bearing khasra No. 242, measuring 0/0/81 hectares, situated in mohal Koti, Tehsil Kasauli, District Solan, H.P., (hereinafter referred to as 'the suit land'), after obtaining necessary permission for sale from the Government of H.P., for transferring the same, in favour of the plaintiff.

(2.) In addition to this, a decree for permanent prohibitory injunction has also been sought, against the defendants, restraining them from transferring, alienating, as well as, changing the nature of the suit land, in any manner.

(3.) In the alternative, the plaintiff has also sought for decree for refund of the part payment towards the sale consideration amount, to the tune of Rs.39,80,000.00 alongwith interest @ 12% per annum, from the date of its payment, till the actual date of its refund.