HAJI NOOR MOHAMMAD PATLOO Vs. MOHAMMAD RAFIQ BAKTOO

JUDGEMENT

(1.) The appellants have challenged order dtd. 31/7/2012 passed by learned Additional District Judge, Srinagar (hereinafter referred to as 'the trial court"), whereby, in a suit filed by respondents against the appellants seeking specific performance of agreement to sell, the trial court has, while deciding the application under Order 39 Rules 1 and 2 of CPC, restrained the appellants from interfering in the suit land and from transferring, alienating or creating any third-party interest in respect of the suit land till the disposal of the suit.

(2.) It appears that the respondents (plaintiffs) have filed a suit for specific performance of contract against the appellants (defendants) seeking specific performance of agreement to sell dtd. 26/12/2011, whereby appellants/defendants had agreed to sell 20 kanals of land comprised in Survey No.418 situated at Beigyar Masjid, Rainawari, Srinagar, for a consideration of Rs.30.00 lacs. As per case of the appellants, an amount of Rs.10.00 lacs was received by the defendants on the date of execution of agreement to sell and the balance amount was agreed to be paid by the plaintiffs/appellants by ending February, 2012. It has been further pleaded by the plaintiffs that the defendants had to accompany the plaintiffs for obtaining the requisite revenue documents, whereafter a formal sale deed was to be executed in the name of the plaintiffs and in case of failure of defendants to do so, they were obliged to pay double the amount of consideration to the plaintiffs as penalty. According to the plaintiffs, a further sum of Rs.9.00 lacs was paid to the defendants on 30/1/2012. Thus, in total, an amount of Rs.19.00 lacs out of sale consideration of Rs.30.00 lacs, was paid by the plaintiffs to the defendants. It has been pleaded by the plaintiffs that they approached the defendants for obtaining the revenue extracts so that the sale deed could be executed by the end of February, 2012 but the defendants, on one pretext or the other, avoided to do so.

(3.) According to the plaintiffs, the defendants, in order to defeat the rights of the plaintiffs, got a suit filed against themselves by one Noor Mohammad before the Court of Municipal Magistrate, Srinagar, but in spite of there being no stay order, the defendants avoided to execute a formal sale deed with respect to the land in the question. It has also been pleaded that the plaintiffs offered to pay the balance amount to the defendants but they refused to accept the same.