Date of decision: 21^st April, 2014

Suresh Kumar

Appellant

Versus

Hari Singh and others

Respondents

!"##

1.

Whether Reporters of Local Newspapers may be allowed

to see the judgment?

2.

Whether to be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest?

Present:

Mr. J.P. Sharma, Advocate for the appellant.

##$

This is plaintiff9s second appeal challenging the judgment

and decree dated 06.06.2009 of the trial Court whereby his suit for

mandatory injunction directing the defendant4respondents to issue 8No

Objection Certificate9 in his favour for transfer of the vehicle in

question with a further prayer for permanent injunction was dismissed.

Further challenge has been laid to the judgment and decree dated

26.09.2012 of the lower appellate Court dismissing his appeal against

the aforesaid order of the trial Court.

Singh Rattan Pal

2014.04.28 14:06

I attest to the accuracy and

integrity of this document

Punjab & Haryana High Court

2

As per the pleadings, defendant No.2 (registered owner of

the Jeep in question, which was registered in the office of defendant

No.3) executed an agreement to sell dated 07.03.2000 (Ex.P1) in

favour of defendant No.1 and by virtue of the aforesaid agreement to

sell defendant No.1 became owner of the Jeep in question. Defendant

No.1 further vide agreement to sell dated 23.08.2003 (Ex.P2) agreed

to sell the said Jeep to the plaintiff for a sale consideration of 85,000

and received a sum of 50,000 as earnest money from him at the time

of execution of the agreement to sell dated 23.08.2003 and delivered

possession of the Jeep in question to him. Since defendant No.2 was

the registered owner of the Jeep, therefore it was agreed that the

balance sale consideration of 35,000 would be paid within one month

i.e. upto 23.09.2003 on receipt of 8No Objection Certificate9 and Sale

Letter from defendant No.2. It was further agreed that defendant No.1

will get the 8No Objection Certificate9 and other documents with regard

to transfer of the Jeep in question from defendant No.2 at his own

responsibility. Though the plaintiff4appellant was always ready and

willing to perform his part of the contract, defendant No.2 was not

transferring the Jeep in question in his name on one pretext or the

other. The appellant also showed his readiness and willingness by

presenting himself in the office of Sub Registrar, Narnaul on

22.09.2003. A legal notice was also sent for transferring the Jeep in

question but defendant No.1 instead of transferring the Jeep in

question in the name of plaintiff, lodged a false complaint against him

with the Narnaul Police. The said complaint was cancelled being false.

Singh Rattan Pal

2014.04.28 14:06

I attest to the accuracy and

integrity of this document

Punjab & Haryana High Court

3

On 08.10.2003, defendants No.1 and 2 came to the plaintiff and told

him that they were ready to transfer the Jeep in his name and they

took him to the Court premises for executing the transfer papers. An

affidavit was executed by defendants No.1 and 2 in his favour and on

execution of the said affidavit, the plaintiff gave the balance sale

consideration of 35,000 to defendant No.1. However, the aforesaid

affidavit was kept by the defendants on the pretext that the same

would be required for getting the 8No Objection Certificate9. The

defendants went away on the pretext that they would return back after

getting the 8No Objection Certificate9 and other documents. The

plaintiff further issued a legal notice dated 23.10.2003 and on

14.10.2003 defendant No.2 came to him and gave him three affidavits

executed by him and duly attested by the Notary Hissar on

13.10.2003. He also gave an application for is