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[Cites 2, Cited by 7]

Himachal Pradesh High Court

Ayush Kainth vs . Kuldeep Kaur on 25 April, 2023

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

Ayush Kainth Vs. Kuldeep Kaur .

Civil Suit No. 24/2023

25.04.2023 Present: Mr. Tara Singh Chauhan, Advocate, for the plaintiff.

Civil Suit No.24/2023

Heard. Issue notice to the defendant, returnable for 23.05.2023, on taking steps within three days.

OMP No.171/2023

This is an application moved by the applicant/plaintiff under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure for restraining the defendant from selling, transferring or encumbering the suit land as well as changing the nature of suit land in any manner whatsoever.

The gist of the case of the applicant/plaintiff is that he entered into an agreement with the non-applicant-defendant on 3.11.2022 for purchasing of suit land for total consideration of Rs.1,04,61,900/- ( One crore four lakhs sixty one thousand nine hundred). It is the case of the applicant/plaintiff that he had paid a sum of Rs.20,51,000/- to the non-applicant-

defendant out of the aforesaid settled sale consideration amount. Rs.51,000/- was paid by him to the non-applicant-

defendant in cash, whereas Rs. 20,00,000/-was paid through RTGS. In terms of the agreement dated 3.11.2022, the sale deed was to be executed on or before 31.03.2023, on which date balance consideration amount of Rs.84,10,900/- was also to be paid by the applicant/plaintiff to the non-

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applicant/defendant. The applicant/plaintiff has asserted that he remained present on 31.03.2023 before the concerned .

Registrar for the execution of the sale deed alongwith the remaining sale consideration amount of Rs.84,10,900/- in the form of bank draft and cash. However, non-

applicant/defendant did not turn up. The applicant/plaintiff has placed on record certain documents in this regard & canvassed that the defendant now intends to dispose off the suit property endangering plaintiff's rights over the same.

Taking note of the above submissions and the pleadings, till the next date of hearing non-applicant-

defendant is restrained from selling, transferring or encumbering and changing the nature of suit land comprised in Hadd Bast No.211, Khevat No. 246min/231 Khata Khatoni No.248 min/233 Khasra No. 586 measuring 02-08-13 Bighas, situated in mauza/muhal Katha, pargana Dharampur post office Baddi, Tehsil Baddi, District Solan, H.P. in any manner whatsoever. Compliance of Order 39 Rule 3 CPC be made in accordance with law.

OMP No.172/2023

The application is disposed of with a direction to the applicant/plaintiff to file translated copy of the documents in issue before the next date of hearing.

Jyotsna Rewal Dua Judge 25th April, 2023 (Rohit) ::: Downloaded on - 26/04/2023 20:39:05 :::CIS