Unknown vs Devendra Kumar Verma" For ...
2022 Latest Caselaw 2602 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                       COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      23.08.2022                        SA No.61 of 2022
                                         Hon'ble Alok Kumar Verma, J.

The original plaintiff had filed an Original Suit (No.31 of 1994), "Pradyuman Agrawal vs. Devendra Kumar Verma" for perpetual injunction.

The said original suit was decreed. The respondent-defendant had preferred a Civil Appeal (No.45 of 2011), "Devendra Kumar Verma vs. Pradyuman Agrawal (deceased) through legal representatives. The said First Appeal has been allowed and the judgment and decree, passed by the learned Trial Court, has been set aside.

Hence, the proposed Second Appeal. Heard Mr. Piyush Garg, the learned counsel for the appellants.

Mr. Piyush Garg, the learned counsel for the appellants-plaintiff submitted that the respondent had executed an agreement to sale in favour of the plaintiff on 16.01.1992, extended on 15.01.1993, and during the subsistence of the said agreement, the defendant had executed an agreement with the third party to sale the property-in- dispute. Therefore, the plaintiff had filed an Original Suit (No.31 of 1994) against the defendant for perpetual injunction along with an Original Suit (No.107 of 1994) for specific performance of contract with an alternative relief to refund the amount.

The Original Suit (No.31 of 1994) was decreed by the learned Trial Court. The defendant had preferred the said Civil Appeal (No.45 of 2011). The learned Appellate Court has set aside the judgment and decree of the learned Trial Court.

Aggrieved by the said judgment and decree, passed by the learned Appellate Court, the present proposed Second Appeal.

Having heard the learned counsel for the appellants, the following substantial questions of law are being formulated:-

(i)Whether a suit for prohibitory injunction praying for restraining the defendant from transferring the property in view of an agreement to sale in favour of plaintiff could have been dismissed by the learned appellate court without deciding the issue/point for determination no.1 framed to the effect that whether the defendant had a right to execute a sale deed of the property in favour of a third person during the subsistence of agreement to sale dated 15.01.1993?

(ii)Whether an unregistered agreement to sale produced by the plaintiff in evidence to substantiate that the defendant is intending to sell the property cannot be read in evidence for such collateral purpose?

Issue notice to the respondent. Steps to be taken within a week. List this case on 17.10.2022.

(Alok Kumar Verma, J.) 23.08.2022

Neha