INDERJEET SINGH,J. - (1.) The instant appeal has been filed by the appellant against the order dated 19.09.2017 passed by Additional District Judge No. 2, Tiijara, District Alwar in Civil Misc. Case No. 42/2017 whereby the Temporary Injunction Application filed by the respondent-plaintiff was allowed by the learned trial Court and the parties were directed to maintain the status quo with regard to property in dispute.
(2.) Brief facts of the case are that the respondent No. 1-plaintiff filed a suit on 19.07.2017 alleging inter alia that the respondent No. 2(defendant) had entered into an agreement to sale the suit property to the plaintiff through agreement dated 16.08.2014 against total sale consideration of Rs. 15,00,000/- out of which Rs. 10,00,000/- were paid in advance. The due date for making balance payment of Rs. 5,00,000/- and to execute the sale deed was fixed up to 15.06.2017. The plaintiff alleged that the appellant (defendant No. 2) was interested in purchasing the suit property and he talked to the plaintiff also. It is further alleged that although plaintiff was ready and willing to purchase the suit property, however respondent No. 2 (defendant) gave false assurances to execute the sale deed subsequently. Later on, it transpired to the plaintiff that the defendant No. 1 has sold the suit property to defendant No. 2 and has executed the registered sale deed dated 06.04.2017.
(3.) The appellant (defendant No. 2) who has purchased the suit property through registered sale deed dated 06.04.2017 from defendant No. 1 filed his reply alleging that plaintiff is a broker and the deal to purchase the suit property held through the plaintiff and the plaintiff received Rs. 60,000/- for his brokerage. The sale amount of Rs. 20,00,000/- was paid vide cheque dated 05.04.2017 and Rs. 15,00,000/- was paid vide cheque dated 05.08.2017. Thereafter, the registered sale deed was executed the title, ownership and possession of the suit property has been transferred to the appellant-defendant No. 2. The appellant-defendant No. 2 got issued patta from the Nagar Palika, Tijara on 11.05.2017. The appellant-defendant No. 2 also got water and electricity connections and started the construction. It was further mentioned that the construction has already been completed and only finishing work is pending at the first floor.;