- (1.) This revision has been preferred against that portion of order dated 12.1.2016 passed by Civil Judge (Senior Division), Varanasi in Original Suit No. 1484/2015, One Place Infrastructure Pvt. Ltd. v. Virendra Shanker Tiwari, by which Application 21-C under Order-VII, Rule-11 CPC moved by defendant was rejected.
(2.) In Original Suit No. 1484/2015, One Place Infrastructure Pvt. Ltd. v. Virendra Shanker Tiwari, the plaint case was that parties had entered into an unregistered agreement to sell dated 28.7.2015, executed before Notary, for purchase disputed property of defendant by plaintiff; and it was agreed that plaintiff shall pay the price of disputed land at a rate agreed between the parties, and then the plaintiff paid advance consideration of Rs. 1,01,00,00/- through cheques which were accepted and the amount of which was drawn by defendant. In terms of said agreement the defendant had handed over the possession of disputed property to plaintiff and permitted him to raise constructions. But when plaintiff had asked defendant to execute sale-deed of disputed property, the defendant declined. Now, defendant is intending to interfere in possession of plaintiff over disputed land, therefore the plaintiff had filed suit for permanent injunction for the relief that defendant be directed not to transfer disputed property to anyone else except plaintiff in compliance of aforesaid agreement to sell dated 28.7.2015, and not to interfere in possession of plaintiff over it and not to create obstruction in constructions being carried out by plaintiff.
(3.) In original suit, defendant had filed Application 21-Ga under Order-VII, Rule-11 CPC with averment that plaintiff's suit is based on unregistered agreement to sell dated 28.7.2015 which is not maintainable and barred by provisions of Sections 17 and 49 of Indian Registration act, Section 41 of Specific Relief Act and Section 53-A of Transfer of Property Act. Plaintiff had filed suit on the basis of incorrect facts. Therefore on the basis of pleadings, plaint should be rejected.;