- (1.) Third and fourth defendants have preferred the present revision, aggrieved by the grant of interim injunction restraining them as well as defendants 1 and 2, who were not served with notice in those applications, from creating any encumbrance over the suit land, changing its nature and character and raising any construction thereon. They have been restrained from creating third party rights and also from dispossessing the plaintiff from the suit land. They have further been restrained from violating the terms and conditions of the collaboration agreement dated 2.4.2009 and agreement of sale dated 11.5.2010 till the disposal of the suit.
(2.) Plaintiff is a private limited company. Defendants No. 5 to 8 are subsidiary companies of M/s Emmar MGF Land Limited and associate companies of the plaintiff. Defendants No. 5 to 8 along with the plaintiff conceptualized a Group Housing Project in Sector 63, Tehsil and District Gurgaon. In order to implement the Group Housing Project, defendants No. 5 to 8 purchased huge chunks of land in and around the revenue estates of village Ullahwas and Maidawas. Plaintiff and its associates were granted licence for their land. 1 st defendant claiming to be owner of the suit land, proposed to sell the land to the plaintiff. A collaboration agreement dated 2.4.2009 was duly executed between the plaintiff and the 1 st defendant. 1 st defendant placed the suit land at the complete disposal of the plaintiff. 1 st defendant also executed a general power of attorney in favour of the nominees of the plaintiff in terms of the said collaboration agreement confirming the interest of the plaintiff in the suit land for consideration. The actual physical possession of the suit land was delivered by the 1 st defendant to the plaintiff at the time when collaboration agreement dated 2.4.2009 was executed. As per the collaboration agreement, 1 st defendant would be entitled to allocation of the plots having area of 1100 sq. yards against each acre of land contributed by the 1 st defendant. 1 st defendant was in dire need of money and desirous of giving up his right to secure allotment in the developed land as per collaboration agreement. Plaintiff agreed to purchase the share to be allocated to the 1 st defendant in terms of the collaboration agreement. The agreement of sale was executed by the 1 st defendant in favour of the plaintiff whereby 1 st defendant would cease to have any right in the developed area for a consideration. As per the agreement, the plaintiff paid to the 1 st defendant a total sale consideration of Rs.6,38,000/-. Plaintiff and the 1 st defendant then applied to the Director, Town and Country Planning, Haryana, for grant of licence for the suit land. But the 1 st defendant executed an alleged sale-deed dated 17.5.2010 in favour of 2 nd defendant who in turn sold the said property to the 3rd defendant under sale-deed dated 16.11.2010 and the 3 rd defendant in turn sold the property to the 4 th defendant under the sale-deed dated 14.3.2011.
(3.) Third and fourth defendants were served with notice. They contested the applications filed by the plaintiff. They have contended that they purchased the suit land for a valuable consideration after verifying the fact that there was no encumbrance or charge over the suit land. They have also contended that the collaboration agreement and the agreement for sale dated 11.5.2010 are bogus and fabricated. They also denied that the physical possession of the suit land was delivered by the 1 st defendant to the plaintiff.;