RAKESH MAKWANA Vs. VISHANT INFRA PROJECTS LTD

JUDGEMENT

(1.) Appellant has filed this appeal challenging the order dated 11.10.2018, whereby, application moved by the appellant under Order 39 Rule 1 and 2 read with Section 151 Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), was dismissed.

(2.) Learned counsel for the appellant has submitted that the property-in-question was owned by Shobhagmal Jain. Appellant had agreed to purchase the property-in-question from the original owner vide agreement dated 05.01.2017. At the time of execution of agreement to sell-in-question, appellant had paid Rs.9,00,000/- by way of earnest money to the seller. Thereafter, original owner executed Power of Attorney in favour of his son. Son of the owner executed sale deed in favour of the respondent on 19.06.2018. Appellant filed a suit for cancellation of the sale deed and for specific performance of agreement to sell executed in his favour. Original owner in his reply has admitted the execution of agreement to sell in favour of the appellant and has also stated that his son has wrongly sold the property-in-question to the respondent. Original owner has submitted that he is ready to pay the sale consideration to the subsequent purchaser. Hence, the application moved by the appellant for relief of Temporary Injunction was liable to be allowed.

(3.) In the present case, the owner of the property-in-question had executed agreement to sell in favour of the appellant. However, son of the owner, on the basis of Power of Attorney, executed sale deed in favour of the respondent. Respondent can be, prima-facie, said to be bona-fide purchaser for consideration and has become the owner of the property-in-question on the basis of the registered sale deed executed in his favour. Appellant has filed suit for cancellation of the sale deed executed in favour of the respondent and seeking relief of specific performance of agreement to sell executed in his favour by the seller.