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IN THE HIGH COURT OF DELHI AT NEW DELHI
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CS(OS) 13/2023
VASIM SAIFI
..... Plaintiff
Through:
Mr. Virendra Singh, Advocate
versus
SUNIL BHAT & ANR.
..... Defendants
Through:
None
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
CONTRACT - SPECIFIC PERFORMANCE - INJUNCTION - [The court granted an ad-interim injunction restraining the defendants from creating any third-party interest or changing the nature of the property in dispute until the final disposal of the suit, as the plaintiff had made a prima facie case for specific performance of the contract and irreparable loss if the injunction was not granted.]
Fact of the Case:
The plaintiff entered into an agreement to purchase a property from the defendant no. 1 and paid a substantial amount towards the purchase price. However, the defendant no. 1 later sold the property to the defendants no. 2 and 3. The plaintiff filed a suit for specific performance of the contract and an injunction to restrain the defendants from creating any third-party interest or changing the nature of the property.
Finding of the Court:
The court found that the plaintiff had made a prima facie case for specific performance of the contract and that he would suffer irreparable loss if the injunction was not granted. The court also noted that the defendants had not filed any reply to the plaintiff's application for an injunction.
Issues: Whether the plaintiff had made a prima facie case for specific performance of the contract?
Ratio Decidendi: The court held that the plaintiff had made a prima facie case for specific performance of the contract and that he would suffer irreparable loss if the injunction was not granted.
Final Decision: The court granted an ad-interim injunction restraining the defendants from creating any third-party interest or changing the nature of the property in dispute until the final disposal of the suit.
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09.01.2023
I.A. 208/2023 (Exemption)
Subject to the plaintiff filing the clear, original and legible/typed
copies of any dim documents on which the plaintiff may seek to place
reliance, within four weeks from today, exemption is granted for the present.
The application is disposed of.
I.A. 209/2023 (Delay in re-filing)
1.
The instant application under Section 5 of Limitation Act has been
filed on behalf of the plaintiff seeking condonation of delay in re-filing the
suit.
2.
For the reasons stated in the application, the same is allowed and the
delay of 4 days in re-filing is condoned.
3.
The application stands disposed of.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 28/01/2024 at 16:29:44
CS(OS) 13/2023
1.
The instant plaint has been filed on behalf of the plaintiff for
declaration, specific performance of contract with possession, along with
consequential relief of permanent injunction inter alia seeking the following
reliefs:-
“It is therefore most respectfully prayed that in the facts and
circumstances mentioned herein above, the Hon'ble Court may
kindly be pleased to pass a decree of declaration in favour of
plaintiff and against the defendants 1, 2& 3, to declare the sale
deed dated 16.08.2021,registered as registration no. 2023 in
book no. 1 volume no. 5288 on pages 46 to 57 dated
16.08.2021, in respect of Property No. 54 Area measuring 200
sq.yrds., out of Khasra No. 166/4, 209/143, and 207/143/ min,
situated at Village Ghonda Gujran Bangar in the abadi North
Ghonda Delhi-110053, which has been shown as red in the site
plan annexed with plaint, executed by defendant no. 1 in favour
of defendant no.2 as null and void, for the reason being that
same got executed by means/using the fraud, misrepresentation,
undue influence upon the plaintiff and also under conspiracy of
defendant no. 2 and 3 with their associates, and there after the
copy of the same may be sand to Sub Registrar Office for his
record.
The Hon'ble Court may further be pleased to pass a decree of
specific performance of contract dated 13.07.2017,with
possession in favour of plaintiff and against the defendants 1, 2
& 3, in respect of Property No. 54 Area measuring 200
sq.yrds., out of Khasra No. 166/4, 209/143, and 207/143/min,
situated at Village Ghonda Gujran Bangar in the abadi North
Ghonda Delhi-110053, which has been shown as red in the site
plan annexed with plaint, by directing the defendant no. 1 to
execute the title deed in favour of plaintiff, after receiving the
remaining consideration amount as per law.
The Hon'ble Court may further be pleased to pass a decree of
permanent injunction in favour of plaintiff and against the
defendants 1, 2& 3in respect of Property No. 54 Area
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 28/01/2024 at 16:29:44
measuring 200 sq.yrds., out of Khasra No. 166/4, 209/143, and
207/143/ min, situated at Village Ghonda Gujran Bangar in the
ahadi North Ghonda Delhi-110053, which has been shown as
red in the site plan filed with plaint, not to create any third
party interest in the same
Any other or further relief, which the Hon'ble Court may deem
fit and proper under the circumstances of suit may also be
granted in favour of plaintiff and against the defendants .
Cost of the suit may also be awarded In favour of plaintiff and
against the defendants. ”
2.
Learned counsel appearing on behalf of the plaintiff submitted that
late Sh. Brij Nath Bhatt was the owner and in possession of a piece of land
measuring about 250 sq. yds. out of khasra no. 166/4, 209/143 and 207/143
situated at Village Ghonda Gujran Bangar, Shahdra, Delhi.
3.
It is submitted that on 11th November, 2015, Sunil Bhat i.e. defendant
no. 1 receive
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