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1999 Supreme(Del) 297

M.K.SHARMA
AMARJIT SINGH JOHAR AND COMPANY (DC) – Appellant
Versus
PRAKASH CHAND BRAHMIN – Respondent


Advocates Appeared:
K.R.Chawla, LALIT BHARDWAJ, RAJIV NAYAR

Dr. M. K. Sharma, J.

( 1 ) THE present suit was instituted by the plaintiff against the defendants seeking for a decree for specific performance of the agreement to sell dated 3. 7. 1993 directing the defendants to execute the Sale Deed in favour of the plaintiff in respect of the suit property bearing No. D-16, Defence Colony, New Delhi and also to hand over vacant possession of the property to the plaintiff. The plaintiff also sought for a decree for permanent injunction restraining the defendants from selling, alienating, transferring and parting with possession of the suit property. Along with the aforesaid suit, the plaintiff also filed an application under Order 39 Rules 1 and 2 CPC playing for temporary injunction restraining the defendants from selling, alienating and or parting with possession of the suit property.

( 2 ) ON 5. 8. 1996, an interim injunction was granted directing the defendant No. l to maintain status quo in respect of title and possession of the suit property. The aforesaid suit is contested by defendant No. l who has filed a written statement and also reply to the injunction application.

( 3 ) IT is stated by defendant No. l that the suit is false and ill













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