SAMEER KOHLI Vs. SH. PAWAN KUMAR AGGRAWAL

JUDGEMENT

(1.) By the impugned order dtd. 16/11/2019 passed in civil suit No.412/2019, the learned court below has refused the prayer of the plaintiff-appellants to grant ad interim injunction under Order 39 Rule 1 and 2 read with Sec. 151 CPC.

(2.) A brief fact of the case is that the plaintiff/appellants entered into an agreement with the sole respondent to purchase property bearing No.G-1/362 (A) at RIICO Industrial Area, Khushkhera, in the District of Alwar. The total measurement of the land, which was subject matter of the deal was 1000 Sq. Mtrs. on total cost of Rs.73,00,000.00. At the time of agreement dtd. 26/12/2018 Rs.7,30,000.00 was paid as advance consideration money and the remaining amount of Rs.65,70,000.00 was to be paid till 2/4/2019 for getting the registered sale deed. The parties further agreed that the respondent shall procure no objection certificate from Rajasthan Financial Corporation, District Industrial Center, Pollution Board, Jaipur Electricity Distribution Corporation and other Government and non-Government Departments after clearing dues on the land before registration of the documents. Besides other conditions, the parties further agreed that if the seller goes back of the agreement, he will be required to make payment of double the paid consideration money and if the purchaser goes back, the deal would be deemed to be cancelled.

(3.) Since the respondent was to perform his obligation in the contract within time uncertain, therefore time was not the essence of the contract.