Himachal Pradesh High Court
Rajat Sharma vs . Rakesh Kaushal And on 29 April, 2022
Author: Satyen Vaidya
Bench: Satyen Vaidya
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Rajat Sharma vs. Rakesh Kaushal and others C.S. No. 54 of 2022 29.04.2022 Present: Mr. Tara Singh Chauhan and Mr. Vinod Chauhan, Advocate for the plaintiff.
Issue notice to the defendants and proforma defendant returnable on 14th June, 2022. Steps be taken within a week.
OMP No. 232 of 2022 Notice in the aforesaid terms.
By way of this application, a prayer has been made to the following effect:-
"a. pass a decree for specific performance of agreement dated 15.10.2018 entered into between the plaintiff and mother of the defendant No.2 by directing the defendant No.2 to execute sale deed with respect to the property comprised of two storeyed house situated upon the land Khawat No. 509 Min Khataoni 611 Khasra No.469 measuring 0-20-
30 as per jamabandi for 2013-14 in Up-mhal Raakker Colony, Tehsil Una, District H.P., NOC of which property has been issued by the dependent No.3 in favour of the plaintiff, and in alternative for recovery of Rs.35,00,000/- Lakh along with interest @ 12% per annum be passed in favour of plaintiff.
b. To pass a decree for permanent, prohibitory injunction restraining the defendants for alienating, transferring, encumbering and changing the nature of comprised two storeyed house siuated upon the land Khawat No. 509 ::: Downloaded on - 29/04/2022 20:06:54 :::CIS Min Khataoni 611 Khasra No.469 measuring .
0-20-30 in Up Mohal Rakker Colony, Tehsil Una, District Una, H.P. in any manner, in alternative decree for double of the agreed amount along with interest @ 24% per annum may be passed."
The predecessor-in-interest of defendants entered into an agreement to sell two storeyed house situated upon land comprised in Khewat No. 509 min, Khatoni No. 611, Khasr No. 469 measuring 0-20-30 as per jamabandi for 2013-14 in Up-mohal Rakker Colony, Tehsil Una, H.P vide agreement daed 15.10.2018 though wrongly mentioned as agreement dated 27.06.2019 in para 3 of the plaint. In lieu of consideration, plaintiff was to discharge the liability of predecessor-in-interest of defendants outstanding towards the bank and in addition had to pay Rs.2,00,000/- to her. It is averred that plaintiff discharged bank's libability to the tune of Rs.33,00,000/-
and was ready and willing to pay the balance amount of Rs.2,00,000/- to the predecessor-in-interest of defendants. Proforma defendant had also issued 'NOC' for such transfer in favour of predecessor-in-interest of defendants.
Before the deed of transfer could be executed and registered, predecessor-in-interest of defendants died.
Defendant No.2 was minor and after his attaining the age of majority, a request was made to the defendants to execute the deed of transfer and got it registered in favour ::: Downloaded on - 29/04/2022 20:06:54 :::CIS of the plaintiff. As per plaintiff, the defendants despite .
repeated requests have failed to do the needful.
In view of this, plaintiff apprehends that the defendants may not be entertaining bonafide intent and may alienate the suit property or create charge thereon in order to defeat the rights of the plaintiff.
I have gone through the pleadings and also the documents placed on record.
r The averments made in the plaint are supported by the documents. Hence, a prima-facie case exists in favour of the applicant. In case ex-parte ad-
interim injunction is not granted in favour of the applicant, he shall be put to irreparable loss and injury, besides being led into multiplicity of litigation.
In view of this matter, it is ordered that defendants No. 1 and 2 are restrained from alienating, creating any charge or transferring the same by way of gift, sale etc. in favour of other person land comprised in Khewat No. 509 min, Khatoni No. 611, Khasr No. 469 measuring 0-20-30 as per jamabandi for 2013-14 in Up-
mohal Rakker Colony, Tehsil Una, H.P till further orders.
Compliance in terms of Order 39 Rule 3 of the Code of Civil Procedure be made.
April 29, 2022 ( Satyen Vaidya )
(naveen) Judge
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