FOOSI @ PUSHPA DEVI Vs. SMT. GEETA

JUDGEMENT

(1.) Heard Learned Counsel for the parties and perused the record.

(2.) This appeal is filed by the plaintiff appellant against the order dated 09.10.2007 passed by the learned lower court in civil misc. Case No. 243/2007, on the application filed under order 39 rr. 1 & 2 read with Sec. 151 CPC. By the said order, the learned Judge has rejected the application for temporary injunction for restraining the defendant non -applicant from alienating the property till disposal of the suit.

(3.) Brief facts of the case are that appellant plaintiff filed a civil suit for cancellation of sale deed dated 25.05.2007 and for permanent injunction in the court of learned District Judge, Bikaner stating therein that it was agreed to sell the property situated at Mahajan, agricultural land, old Khasra No. 487, new Khasra No. 1951/1225 measuring 40 bighas, for a total consideration of Rs. 13,60,000/ - to defendant respondent Smt. Geeta on 05.04.2007. It was further stated that in this respect an agreement was executed and got attested by the Notary Public at the instance of purchaser, in the names advised by her. It was further stated that at the time of agreement, a sum of Rs. 5,50,000/ - was paid by the defendant as an advance to the plaintiff. Further, by mutual agreement, time for executing the sale deed was extended and at the time of registration a sum of Rs. 4,50,000/ - was paid by the defendant but the remaining amount of consideration of Rs. 3,60,000/ -remained due. It was stated that sale deed was executed but the remaining amount of consideration of Rs. 3,60,000/ - was not paid at that time and it was agreed that it will be paid within one or two days, but later on, defendant denied to pay the same. It was further averred that after going through the copy of the sale deed, it transpired that an amount of only Rs. 4,00,000/ - has been shown as consideration in the sale deed and that was shown to be fully paid. In these circumstances, plaintiff appellant filed a suit for cancellation of sale deed dated 25.05.2007 executed in favour of the defendant respondent, on the ground that the sale deed was required to be executed for a consideration of Rs. 13,60,000/ - but the defendant respondent deceitfully got it executed for a consideration of Rs. 10,00,000/ -, taking undue advantage of appellant's old age and her son's illiteracy. Along with the suit, an application under Order 39 rule 1 and 2 CPC was also filed, reiterating the facts mentioned in the suit, with a prayer that status quo during the pendency of the suit may be maintained and defendant respondent be directed not to alienate the suit property till disposal of the suit.