2010(3) LAW HERALD (P&H) 2054
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L. N. Mittal
C.R. No. 5857 of 2009
Iqbal Singh & Ors.
v.
Karan Podar & Anr.
{Decided on 25/01/2010}
For the Petitioners: Mr. J. S. Chahal, Advocate.
For the Respondents: Mr. Anil Chawla, Advocate.
Civil Procedure Code, 1908, O.39, R.1 and 2--Specific Relief Act, 1963--Temporary Injunction--Agreement to sell--Purchaser affirmed affidavit regarding his presence before Sub-Registrar on 16.04.2007--But he did not mention in said affidavit that he had brought requisite amount for getting sale deed executed and registered as per agreement--Seller was also present before Sub-Registrar on 16.04.2007and affirmed affidavit regarding his presence and readiness and willingness to execute sale deed as per agreement--Thereafter, Seller moved another application regarding his presence before Sub-Registrar--There is endorsement of Sub-Registrar thereon made at 05:00 P.M.. on 16.04.2007 regarding presence of Seller and his readiness to execute document--It has further been noticed by Sub-Registrar in his endorsement that purchaser has not shown transaction money required--It would prima facie depict that purchaser was not ready with requisite amount to get sale deed executed and registered as per agreement--This explains omission in affidavit affirmed by purchaser regarding amount being with him--In addition seller even served notice dated 23.04.2007 by registered post on purchaser to get sale deed executed and registered as per agreement--Purchaser alleged that they were forcibly dispossessed by seller in November 2007--However, inspite thereof, they did not file suit immediately, but filed after waiting for another five months--Even before November 2007, purchaser did not file suit after seller had allegedly failed to execute sale deed in April--No prima facie case for grant of temporary injunction in favour of purchaser is made out--However, since purchaser have advanced huge amount of Rs.1crore as earnest money directions required to be issued to protect interest of purchaser--Seller directed to inform prospective alienees about pendency of suit so that alieness may not take plea of being bona fide transferees--Application for temporary injunction dismissed.
(Para 11, 12, 15 & 16)
