ELDECO HOUSING AND INDUSTRIES LIMITED Vs. ASHOK VIDYARTHI

JUDGEMENT

(1.) Leave granted.

(2.) Aggrieved against the order(Order dtd. 27/9/2021.) passed by the High Court(High Court of Judicature at Allahabad) in Review Application(Review Application No. 192 of 2021) in Civil Revision(Civil Revision No. 28 of 2020), the plaintiff is in appeal before this Court. Vide aforesaid order, the application filed by respondent No. 1- defendant before the Trial Court(Civil Judge (Senior Division), Kanpur Nagar) under Order VII Rule 11(d) C.P.C. was allowed and the suit filed by the appellant was dismissed.

(3.) Briefly stating, the facts available on record are that a Memorandum of Understanding(Hereinafter referred to as 'MoU') was entered into between the appellant and respondent No. 1 on 31/8/1998, regarding sale of the property in question. It was specifically mentioned in the MoU that there is a litigation pending between the family members of the respondent No. 1. The sale deed will be got registered immediately after the litigation is over and the right of the vendor is determined. The respondent No. 1 shall inform the appellant when the rights of the parties are finalised. As the appellant came to know that the respondent No. 1 is trying to sell the property to third parties, it filed a suit for injunction(Original Suit No. 111 of 2009). The prayer made in the suit was that the defendant (respondent No. 1 herein) be restrained from transferring, selling or alienating the suit property in favour of anyone else except the plaintiff (appellant herein). It was also prayed that he be restrained from creating any encumbrance on the property. In the written statement filed in the aforesaid suit, the stand taken by respondent No. 1 was that he was not selling the property or creating any third-party rights therein. The suit was accordingly dismissed.