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2019 Supreme(P&H) 494

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
Hon’ble Mr. Justice Amit Rawal
C.R. No. 7283 of 2015 (O&M)
Punjland Estate Pvt. Ltd.
v.
William Singh Sandhu @ Daljinder Singh Sandhu & Ors.
{Decided on 14/03/2019}

Advocates Appeared:Mr. Ramandeep Singh, Advocate for the petitioner.
Mr. R.B.S. Chahal, Advocate for respondent No.1.
Mr. Arshdeep Bhullar, Advocate for respondent No.2.
Mr. Prateek Gupta, Advocate for respondent No.3.

Headnote:(A) Civil Procedure Code, 1908, O.39 R.1 and R.2 – Temporary Injunction – Alienation of Property – Restraining from creating of third party rights – In a suit challenging execution of sale deed an application was filed for restraining from creation of third party rights by defendants – Prima facie sale deed was executed without any authority – Temporary Injunction granted.

       (B) Civil Procedure Code, 1908, O.39 R.1 and R.2 – Temporary Injunction – Alienation of Property – Restraining from creation of third party rights – The purpose is to curtail the litigation instead of expanding it – Temporary Injunction granted. (Para 12)

       Even if during the pendency of the suit, the beneficiary of the sale deed creates third party that will always be subject to decision of the suit but equally so, Court cannot lose sight of the fact that property will exchange many hands and create unnecessary right and title in favour of third parties, though they would be bound but it cannot be lost sight of fact of third party objection after judgment and decree passed in favour of either of the party can always be raised.

JUDGMENT

Mr. Amit Rawal, J.:- The present revision petition is directed against the orders 28.05.2014 (Annexure P-1) and 01.08.2015 (Annexure P-2) whereby the application under Order 39 Rule 1 and 2 CPC filed along with the suit (Annexure P-6) for restraining the defendants from alienation of the suit property, has been dismissed.

2. This Court while issuing notice of motion on 28.11.2015 granted status quo, which was ordered to be continued vide order dated 19.02.2016.

3. The petitioner-plaintiff instituted the suit for declaration claiming following relief:-

“Suit for declaration to the effect that the sale deed mentioned at Points A to D are illegal, void, without authority, without consideration, the result of fraud and misrepresentation against the laws of the land and as such are liable to be set aside.

A. Sale Deed bearing Vasika No.1748 registered on 4.5.2010 in favour of defendant No.1 by defendant No.2 of the land measuring 5 bighas 14-3/4 biswas being ¼ share of the land comprised in Khewat No.56 Khatauni No.76, Khasra No.775/23 Min. (0-10), 24 Min. (3-12), 25 Min. (3-15), 26 (3-16), 27 (6-0), 27 Min. (0-7), 29 Min. (4-19) total being 7 bigha 0-3/4 biswas situated at village Rawas Brahmna, Tehsil and District Patiala.

B. Sale deed bearing Vasika No.1750 registered on 04.05.2010 in favour of defendant No.1 by defendant No.2 of the land measuring 5 bigha 14-3/4 Biswas being ¼ share of the land comprised in Khewat No.56, Khatauni No.76, Khasra No.775/23 Min. (0-10), 24 Min. (3-12), 25 Min. (3-15), 26(3-16), 27(6-0), 27 Min. (0-7), 29 Min. (4-19) total being 7 bigha 0-3/4 biswas situated at Village Rawas Brahmna, Tehsil & District Patiala.

C. Sale deed bearing Vasika No.1766 registered on 04.05.2010 in favour of defendant No.1 by defendant No.2 of the land measuring 5 bigha 14-3/4 biswas being ¼ share of the land comprised in Khewat No.56 Khatauni No.76, Khasra No.775/23 Min.(0-10), 24 Min. (3-12), 25 Min. (3-15), 26(3-16), 27 (6-0), 27 Min. (0-7), 29 Min. (4-19) total being 7 bigha 0-3/4 Biswas situated at village Rawas Brahmna, Tehsil & District Patiala.

D. Sale deed bearing Vasika No.1767 registered on 04.05.2010 in favour of defendant No.1 by the defendant No.2 of the land measuring 5 bigha 14-3/4 Biswas being ¼ share of the land comprised in Khewat No.56 Khatauni No.76, Khasra No.775/23 Min.(0-10), 24 Min. (3-12), 25 Min.(3-15), 26 (3-16), 27(6-0), 27 Min.(0-7), 29 Min (4-19) total being 7 bigha 0-3/4 biswas situated at village Rawas Brahmna, Tehsil and District Patiala. And for permanent injunction restraining the defendant No.1, his attorney and agents from alienating by way of sale, mortgage or otherwise or creating any encumbrance upon the land measuring 22 bigha 19 biswas comprised in Khewat No.56 Khatauni No.76, Khara No.775/23Min (0-10), 24 Min. (3-12), 25 Min. (3- 15), 26 (3-16), 27 (6-0), 27 Min. (0-7), 29 Min. (4-19) situated at Village Rawas Brahmna, Tehsil & District Patiala.

4. The pith and substance of the prayer was to challenge the sale deeds executed by defendant No.2 in favour of defendant No.1. The suit was also accompanied by application under Order 39 Rule 1 and 2 CPC.

5. The respondent No.1/defendant No.1 opposed the suit by raising objections qua maintainability of the suit being barred under the provisions of Section 3 and 4 of the Benami Transactions (Prohibition) Act, 1988.

6. The trial Court declined the ad interim application by holding that the sale deeds being registered documents carried presumption of truth. Appeal taken before the lower Appellate has also been dismissed.

7. Mr. Ramandeep Singh, learned counsel appearing on behalf of the petitioner submitted that sale deeds in the name of the petitioner-plaintiff were executed as a fiduciary of respondent No.3, owing to the fact that he suffered a long and protracted matrimonial dispute with his wife and wanted to avoid excessive claims on alimony and maintenance. In fact the petitioner-plaintiff had been in the uninterrupted possessi
























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