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2006 Supreme(Del) 1741

VIKRAMAJIT SEN
AMARJEET SINGH – Appellant
Versus
SHARDA Obhrai – Respondent


Advocates Appeared:
I.S.ALAG, N.K.KAUL, NARESH MATHUR, SUNIL MALHOTRA

( 1 ) THIS Order shall dispose of an application filed by the plaintiff under order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure praying for an ad interim injunction restraining the defendant from selling, disposing off, alienating, transferring or creating any third party interest in the Suit property bearing no. BP-3, NH-IV, Lajpat Nagar, Part-Ill, New delhi. The plaint seeks to specific performance of a document which the plaintiff asserts to be an agreement for the sale of a suit property. The document reads as follows :

"i, Mrs. Sharda Obhrai W/o Late Shree g. L. Obhrai R/o BP-3, NH IV, Part III, lajpatnagar do hereby acknowledge the receipt of Rupees 60 lacs in the following manner from Amarjit Singh S/o Nanak Singh r/o D-III/9, Lajpatnagar, New Delhi-Rupees 25 lakhs in cash rupees 21 lakhs by pay order on No. 705897 drawn on Punjab National Bank and rupees 14 lakhs drawn on Standard Chartered Bank (both dated 28th Oct. , 2005) Pay order 109976. Sharda Obhrai"

( 2 ) IT is this document that forms the fulcrum of the dispute, and therefore has to be meticulously and carefully construed by the court. In doing so, the ratio in C. I. T. Punjab haryana,











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