- (1.) Heard Sri A. P. Tewari, for the petitioners and Sri N.K. Chaturvedi, for the contesting respondents.
(2.) This petition has been filed for setting aside the orders of Civil Judge (Senior Division) dated 25.11.2011, granting interim injunction to the plaintiff in the suit for specific performance of the contract and District Judge, dated 14.12.2015, dismissing appeal of the petitioners against the aforesaid order.
(3.) Smt. Lali Devi (respondent-1) filed a suit on 28.05.2002 (registered as Original Suit No. 106 of 2010) for specific performance of registered agreement to sell dated 26.07.1997, executed by Banshraj (now represented by the petitioners) in her favour. It has been stated in plaint that Banshraj son of Sunder and Ram Jatan son of Neur were owners plot 1154 (area 1.33 acre) of village Jangal Ghushan, tappa Khuthan, pargana Haweli, district Gorakhpur, in which Banshraj had 3/4 share. Banshraj executed a registered agreement to sell dated 26.07.1997, in respect of his 3/4 share in disputed land in favour of the plaintiff and handed over possession to her over it after taking entire sale consideration of Rs. 1,20,000/- at that time. Although there was no partition of disputed land between co-sharers through court but there was private partition between the parties on spot and share of Banshraj was in western side. It was agreed between the parties that the plaintiff would arrange expenses for required stamp papers and registration etc. within three years and would get sale deed executed. After arranging for expenses, the plaintiff asked Banshraj to execute sale deed but he begun to avoid to execute sale deed. In the meantime, Banshraj executed a sale deed dated in respect of an area of 0.28 acre of plot 1154 in favour of Mobin Khan (defendant-2) although he had agreed for not to sell the disputed land to a third person. On these allegations, suit was filed. The plaintiff filed an application (23-C) on 08.08.2011, for interim injunction restraining the defendants from interfering with her possession over disputed land during pendency of the suit.;