- (1.) WE have heard Shri Navin Sinha, Senior Counsel assisted by Shri Shesh Kumar for the plaintiff-appellant. Shri Ravi Kant, Senior Counsel assisted by Shri P.C. Jain appears for the defendant- respondent no.9. With the consent of parties, the appeal was heard.
(2.) THIS First Appeal From Order under Order XLIII Rule 1 (r) of Code of Civil Procedure arises out of judgment and order dated 12.10.2012 passed by the Additional District Judge, Court No.1, Agra in Original Suit No. 262 of 2006, by which he has rejected the application-Paper 133-Ga filed by plaintiff for interim injunction restraining M/s Banara Infrastructure Development Limited, Shashtripuram Chauraha, Agra through Shri P.L. Jain from changing the nature of the property and raising construction in any manner over the land in question. The Original Suit No. 262 of 2006 has been filed by Upkar Sahkari Awas Samiti Limited through its Secretary Shri Rajiv Kumar Mittal (the plaintiff-appellant) for specific performance of agreement of sale dated 22.1.1990, executed by Shri Bhagwan Goyal (dead) and defendant nos. 2 and 3 and Smt. Hira Devi, mother of defendant nos. 1, 2 and 3, in favour of the plaintiff's society for sale of 1.5526 hec. ( 6 bigha, 14 biswa, 15 biswansi) in Mauja Kakraitha Mustikala, Tehsil, Pargana and District Agra, for sale consideration of Rs. 13,15,000/- out of which Rs.60,000/- was paid on 22.1.1990 and another amount of Rs.1,40,000/- was paid, with an agreement to pay the remaining amount of Rs.11,15,000/- at the time of execution of the sale deed, after the defendants provides a certificate of having good title on the land to the plaintiffs. The land at that time was acquired for U.P. Awas and Vikas Parishad. It was agreed between the parties that the plaintiff will take steps and will bear the expenses for releasing the land from acquisition. The land was released from acquisition under Section 48 (1) of the Land Acquisition Act on 17.2.2006 but that the plaintiff did not sell the land on which this suit for specific performance was filed on 20.3.2006.
(3.) IT was alleged in the plaint, that during the proceedings of the suit the defendant nos. 1 to 3 have sold the rights in the land for 11 biswa and 11 biswansi to defendant no.2 for Rs. 16,10,000/- and that defendant nos. 6 and 7 have sold their rights in the land on 28.7.2003 to defendant no.8. The defendant no.4 has sold 11 biwas and 11 biswansi land to defendant no.5 on 19.5.2003 for Rs.17,00,000/- and on 9.6.2004 the defendant no. 8 has sold the right to receive compensation in respect to 6 bigha, 3 biswa and 4 biswansi land by sale deed dated 9.6.2004 for Rs. 7 lacs and these documents have been executed to defraud and to cause loss to the plaintiff.;