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2024 Supreme(All) 1615

J. J. MUNIR
Uttar Pradesh Avas Evam Vikas Parishad, Lucknow – Appellant
Versus
Virendra Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Madan Mohan, Chandra Shekhar Singh, M.D. Singh Shekhar, Madan Mohan Chaurasisa, Rajan Upadhyay, Senior Advocate
For the Respondent:A. K. Mishra, Ajay Kumar Singh, Ashish Kumar Singh, Gautam, O.V.Bajpai, Pushkar Mehrotra, Swetashwa Agarwal, Varchaswa Bajpai, Senior Advocate

JUDGMENT :

J.J. Munir, J.

1. This is a defendants’ second appeal arising out of a suit for permanent prohibitory injunction.

2. Original Suit No.1187 of 1991 was instituted by the four plaintiffs, Virendra Kumar, Sheo Singh, Rampal Singh Chauhan and Km. Pushpa with a case that plaintiff-respondents Nos.1 to 3 are tenants in the premises detailed at the foot of the plaint since the year 1970 on a monthly rent of Rs.300/-. Defendant-respondent No.5, Sirajuddin son of Fariduddin, arrayed as defendant No.3 to the suit, was the owner of the said premises and the land comprising it. He agreed to transfer the premises aforesaid in the plaintiff-respondents' favour, and for the purpose, executed a registered agreement to sell dated 5. 04.1990. The agreement to sell last mentioned (for short, 'the suit agreement') covenants to transfer an area of 5000 square yards, situate in Khasra No.5751M of Khewat Nos.1 and 15, Qasba Meerut (for short, 'the suit property'). The further case of the plaintiff-respondents is that they are residing in the premises under reference as tenants and now by virtue of the suit agreement have contracted a right to purchase the suit property for a total sale consider

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