GITABEN GOVINDBHAI PATEL Vs. RAMESHBHAI HIRABHAI PATEL

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dtd. 31/3/2021 passed below Exh-5 in Special Civil Suit No. 72 of 2020 by the learned Principal Senior Civil Judge, Gandhinagar whereby the application for interim injunction came to be rejected, the original plaintiff- appellant has preferred this Appeal from Order under Order 43 Rule 1 of the Code of Civil Procedure, 1908.

(2.) The brief facts of the matter is that the appellant has filed the Suit against the respondent for specific performance of contract and permanent injunction on the basis of agreement to sell entered into between the parties for land bearing Survey No.166 (Old Survey No. 252) admeasuring 9640 sq. mtrs, at Village: Zank, Taluka: Dehgam for the consideration of Rs.3,22,82,432.00. It is the case of the appellant that she has paid Rs.51.00 Lakh on 2/4/2019 under the agreement to sell, which was notarised. According to the appellant, Rs.5.00 lakh was paid by cheque of the State Bank of India whereas rest of the amount of Rs.46.00 Lakh was paid by cash and the defendant-respondent has admitted receipt thereof. According to the appellant- plaintiff, there was condition in the agreement to sell that defendant-respondent has to execute the sale-deed after obtaining NA permission and after such permission being obtained, the plaintiff has to pay 30% of the amount and remaining would be paid thereafter.

(3.) It appears that on the basis of the application and the Written Statement, the trial Court has rejected the application on the ground that there is dispute regarding payment of cash amount and the plaintiff has not come with clean hands.