IMPORTANT POINT
Enforcement of clauses in conditional sale deeds and the applicability of the Transfer of Property Act in states where it is not adopted.

JUDGMENT :

Heard Mr. P.B. Paul, learned counsel for the petitioner; Mr. J. Sheqi, learned counsel for the respondent Nos. 1 & 2; Mr. K. Angami, learned counsel for the proforma respondent No. 1; and Mr. Y.P. Gupta, learned Central Government Counsel for the proforma respondent No. 2.

2. In this petition, under Section 115 of the C.P.C. read with Article 227 of the Constitution of India, the petitioner namely, Shri Henjakai Singson, has challenged the impugned order dated 23.06.2023, passed by the learned Principal District & Sessions Judge, Dimapur, Nagaland, in First Appeal No. 01/2022.

3. It is to be noted here that vide impugned order dated 23.06.2023, the learned Principal District & Sessions Judge, Dimapur, Nagaland,has set aside the order dated 08.04.2022, passed by the learned Civil Judge (Senior Division), Dimapur, Nagaland, in I.A.(Crl.) No. 238/2021, whereby the learned Civil Judge (Senior Division), Dimapur, Nagaland, has passed temporay injunction, restraining the proforma respondent No. 1 from releasing/disbursing the compensation amount to the petitioner, in respect of the land covered by the conditional sale deed, vide Registration No. 27, dated 11.03.1986, (Annexure – 1).

4. The background fact leading to filing of the present petition is adumbrated herein below:-

“The father of the petitioner namely, Late Heljang Singson, during his lifetime, being the owner of a plot of land measuring 50 acres, executed a conditional sale deed on 25.09.1985, vide Registration No. 27, dated 11.03.1986, situated at Shirima village, Dimapur, Nagaland, in favour of the respondent No. 2, for establishment of a citronella production firm. In the said sale deed one condition in Clause No. 6 was incorporated that in the event of the department fails to continue with the said project and if abandoned, the said land shall be returned to the land owner. Thereafter, the respondent No. 2, out of the 50 acres of land which had been procured for citronella firming, abandoned a stretch in favor of the proforma respondent No. 1 for construction of new railway line (B.G. Project). Thereafter, the petitioner demanded the respondent No. 2 to hounour the terms of the sale deed, especially the Clause No. 6 and return the abandoned land. Thereafter, the proforma respondent No. 1 had surveyed the land and assessed the compensation of the land earmarked the same for diverting the project to respondent No. 2. Then having came to know about the same the petitioner on 18.07.2018, submitted a representation to the proforma respondent No. 2 and brought the condition so incorporated in the conditional sale deed, to the knowledge of the proforma respondent No. 2 and requested the proforma respondent No. 2 to release the land compensation, in respect of the land earmarked by the proforma respondent No. 1, as and when the compensation is released by the proforma respondent. Then having not received any response from the respondent No. 3, the petitioner has filed a reminder on 25.03.2019, and as the proforma respondent No. 3 has failed to act upon the said representation, the petitioner has instituted a Civil Suit, before the court of learned Civil Judge (Senior Division), Dimapur, Nagaland, being Title Suit No. 03/2021, along with one Interlocutory Application (Civil) No. 238/2021, under Order 39, Rule 1 & 2, read with Section 151 of the C.P.C. for injunction, restraining the respondents from releasing/disbursing the compensation, in respect of the plot of land covered by the conditional sale deed dated 11.03.1986. Thereafter, hearing learned counsel for both the parties, the learned Civil Judge (Senior Division), Dimapur, Nagaland,has granted temporary injunction, restraining the respondents from releasing/disbursing the compensation, in respect of the plot of land covered by the conditional sale deed.”

Thereafter, being aggrieved the respondent No. 2 had preferred an appeal before the learned Principal District Judge, Dimapur, Nagaland, being First Appeal No. 01/