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AMIT BANSAL
G. G. Constructions Pvt. Ltd. – Appellant
Versus
Bikramjit Singh – Respondent
JUDGMENT
I.A. 1534/2022(O-XXXIX R-1 & 2 of CPC)
1. By way of the present judgement, I shall decide the application filed on behalf of the plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interim injunction to restrain the defendants from creating third party rights in respect of 500 square feet of the ground floor and 2,000 square feet of the basement and the undivided share in the land of Plot No. 8E, Rani Jhansi Road, Jhandewalan Extension, New Delhi admeasuring 597 square yards along with the building standing thereon admeasuring 16,000 square feet (suit property).
2. Notice in this application was issued on 20th January, 2022 and was accepted in Court by the counsel appearing on behalf of the defendants.
3. Subsequently, vide order dated 12th April, 2022, amendment application filed on behalf of the plaintiff was allowed and the amended plaint was taken on record. Written statement has been filed on behalf of the defendants.
4. The present suit was filed seeking specific performance of the Agreement to Sell dated 15th July, 2008 (Agreement to Sell) in respect of the suit property.
5. Brief facts leading to the filing of the present suit are
The main legal point established in the judgment is that readiness and willingness to perform an Agreement to Sell, as well as the obligations of the parties under the Agreement, are crucial factors ....
Doubt about the existence of a valid and binding agreement and the insignificance of the consideration paid by the plaintiffs disentitled them for grant of interim relief.
Time is not generally considered the essence of contracts for the sale of immovable property; however, specific circumstances may necessitate its strict enforcement. A valid agreement can only be mod....
The court emphasized the importance of proving continuous readiness and willingness to perform the contract, and the need to disclose financial capacity to fulfill payment obligations.
The delay in taking action after objections were raised, and the sale transaction to the new purchasers, did not warrant the grant of interim injunction.
It is well settled principle of law that in an appeal against the exercise of 'discretion' by Court of first instance, power of Appellate Court to interfere with exercise of discretion is restrictive....
(1) Merely because property is sold on lesser consideration then previous one, it does not ipso-facto make subsequent transaction illegal or malafide – Unregistered agreement to sell can be considere....
The main legal point established is the application of principles for granting interim injunctions, the interpretation of time as the essence of a contract, and the significance of fulfilling recipro....
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