SURINDER KUMAR SHARMA Vs. VINOD KUMAR SHARMA

JUDGEMENT

(1.) The appellant-Surinder Kumar Sharma filed a Suit, on the basis of Right of Prior Purchase seeking his Substitution as Vendee, of a Single Storied residential House No. 805-A, Gandhi Nagar, Jammu comprising of, three rooms, one store, a kitchen and open yard, with land underneath and appurtenant thereto, in place of Vinod Kumar Sharma and Parveen kumar Sharma-respondent Nos. 1 and 2, the vendees, to whom the house was sold by Rakesh Chander Sharma- respondent No. 3 vide Sale Deed dated 16.09.2010 registered on 17.09.2010, besides seeking delivery of possession hereof. Alono with Suit he filed an Application seeking injunctive direct- ions against respondent Nos. 1 and 2 not to dispose of the suit property create any third party interest therein or change nature thereof.

(2.) Although, the Trial Court of learned Additional District Judge, Jammu, did not find prima facie case in favour of the appellant, yet while dismissing his Application, respondent Nos. 1 and 2 were restrained from alienating the Suit property during pendency of the Suit. The respondents-defendants were directed to file undertaking that in case the appellant-plaintiff succeeded in the Suit, they would remove improvements made by them in the property, at their own cost. It was further provided by the Trial Court that being absolute owners of the suit property, respondent Nos. 1 and 2 were free to use it, in the way they liked, permitting them to effect repairs and alterations therein.

(3.) Aggrieved by rejection of his Application for issuance of Interim directions against the respondents, the appellant has filed this Appeal seeking setting aside of the Trial Court's order, besides issuance of injunction against the respondents.