BALJEET SINGH Vs. NIRMAL SINGH

JUDGEMENT

(1.) This appeal has been filed by the appellant feeling aggrieved by the order dated 07.12.2012, whereby, an injunction has been granted in favour of the plaintiff, whereby, the appellant has been restrained from interfering in possession, mortgage or sale and has been directed to maintain status quo regarding land in question.

(2.) Brief facts of the case are that plaintiff Nirmal Singh filed a suit seeking specific performance of agreement to sale dated 09.07.2001 against Avtar Singh and Baljeet Singh-appellant with the averments that on execution of the agreement to sale the possession of the land in question was handed over to them and they had paid a sum of Rs.9,50,000/- to the vendor Avtar Singh and only balance consideration of Rs.36,400/- is to be paid. It was then stated that it has come to their notice that the land in question has been transferred in favour of Baljeet Singh and, therefore, the said transfer on face of the agreement to sale dated 09.07.2001 was illegal and the same was required to be set aside.

(3.) Alongwith the suit an application under Order XXXIX, Rule 1 and 2 read with Section 151 CPC was also filed seeking restraint against Baljeet Singh only from interfering with the possession of the plaintiff and not to further transfer the said property.