RAJ KUMAR Vs. AJAY KUMAR

JUDGEMENT

(1.) THE present petitioners (hereinafter referred to as the plaintiffs) filed a suit for specific performance of the contract. It was alleged by them that the respondents 2 to 5 had entered into an agreement with them on 10.11.2000 whereby they had agreed to sell the suit property in favour of the plaintiffs for a total consideration of Rs.two lakhs. It was further alleged by them that as per the terms of the agreement the sale deed was to be executed on or before 30th July, 2004. In the meantime, the respondents 2 to 5 sold the suit land to respondent No.1 for a sale consideration of Rs.80,000/- on 29th May, 2004. The plaintiffs allege that this sale is a fraud sale to get out of the agreement entered into with them.

(2.) ALONGWITH the suit the plaintiffs had filed an application for grant of stay. This was rejected by the learned trial Court. An appeal was filed which has been dismissed by the learned Additional District Judge (1), Kangra at Dharamshala. Aggrieved against the same the plaintiffs have filed the present Revision Petition and pray that pending disposal of the legal proceedings the respondents be restrained from changing the nature of the land or encumbering the same.

(3.) IN the present case keeping in view all the facts and circumstances especially the dispute with regard to the date by which the sale deed was to be executed and also the fact that the land in question has been sold to respondent No.1 by respondents 2 to 5, I feel that no interference is called for. There is no jurisdictional error in the orders of both the Courts below. As such, there is no merit in the Revision Petition which is dismissed. No costs.