Gurcharan Singh vs Saraswati Mishra & Ors. on 19 February, 2016

1. IA 5789/2012 filed by the appellant seeking interim injunction
against the defendants has been dismissed by the learned Single Judge
vide impugned order dated April 23, 2015.
2. The three defendants in the suit are: (i) Ms.Saraswati Mishra; (ii)
Atma Ram; and (iii)Loharu Infrastructure Pvt. Ltd.
3. Suit seeks declaration, cancellation and permanent injunction
pertaining to a sale-deed dated August 31, 2010 executed by defendant
No.1 in favour of defendant No.3.
4. As per the plaintiff defendant No.2 had paid consideration in sum
of `16 lacs to defendant No.1 in the month of August, 2000 to purchase
the suit land, ad-measuring 20 bigha and 8 biswa, apart from another 8
bigha and 6 biswa land in the revenue estate of Village Rafipur, Ranhola,

FAO (OS) No.387/2015 Page 1 of 7
New Delhi. He purchased the suit for a sum of `4 lacs from defendant
No.2, who finalized the sale on the strength of a general power of
attorney executed in his favour by defendant No.1. As per the plaintiff,
acting through her attorney, defendant No.2, since defendant No.1 had
sold the suit land to him on March 05, 2001, she could not sell the land to
defendant No.3 on August 31, 2010. Plaintiff pleaded in the plaint that he
got the suit land mutated in his name in the revenue record on April 07,
2001 which order was challenged by defendant No.1 before the
Additional Collector, which appeal was allowed vide order dated April
16, 2010. Plaintiff’s challenge before the Financial Commissioner failed,
when vide order dated February 03, 2011 the Financial Commissioner
held that the order of the First Appellate Court was correct. A writ
petition filed by the plaintiff against the order passed by the Financial
Commissioner was pending. The plaintiff pleaded that Saraswati Mishra
had filed a suit challenging the sale-deed executed by defendant No.2 in
his favour, which suit was pending. Thus, according to the plaintiff the
defendant No.1 and defendant No.3 were liable to be restrained from
further selling the suit land.

Source: Indian Kanoon

Leave a Reply