Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | physical possession of the suit property Temporary Injunction Agreement of sale |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Interim Order: Agreement of sale between appellant-Developer and respondents- landowners for sale of agricultural land comprising of 54 acres 13 guntas – The said agreement was unregistered – As per the agreement, the possession of entire land was handed over to Developer – Out of total extent of land, four registered agreements of sale cum GPA executed with respect to 36 acres 21-1/2 guntas of land in favour of Developer – Dispute between parties for payment of balance consideration for land admeasuring 17 acres 31-1/2 guntas (suit property) – Suit for specific performance by Developer – Developer prayed that the landowners be directed to execute the Sale Deed for the suit property admeasuring 17 acres 31½ guntas and provide ingress and egress to the land admeasuring 36 acres 21½ guntas for which the registered Agreements of Sale cum GPA had been executed – Developer also filed two interim applications, one seeking temporary injunction restraining landowners from interfering with peaceful possession over entire land and second seeking temporary injunction restraining landowners from alienating or creating third party interest in the suit property – In the first interim application, landowners disputed the possession of Developer over suit property and produced rent agreement to show that a parcel of land admeasuring 12000 sq. feet was in possession of a third party – Trial court disposed of first interim application granting temporary injunction in respect of property excluding the extent of 12000 sq. feet – In the second interim application, trial court granted temporary injunction restraining landowners from alienating or creating third party interest in suit property till the disposal of suit subject to deposit of balance sale consideration – Order passed in first interim application challenged before High Court – Division bench of the High Court by the impugned interim orders set aside the order of Temporary Injunction passed by the trial court in first interim application – Division Bench held that there was no documentary evidence to prima facie case to show that the Developer was in physical possession of the suit property and furthermore, the issue whether the Developer has paid part consideration for the entire suit property was required to be determined in the trial and therefore, no prima facie case was made out for grant of Temporary Injunction – Developer challenged the impugned interim orders by way of the instant appeals – Held: There are seriously disputed questions of fact involved in this matter – The first issue is whether possession of the suit property was at all handed over to the Developer or not and second is whether part consideration for the suit property was paid by the Developer to the landowners or not – Developer submitted that it had paid a total of Rs. 17.25 lacs to the landowners, and only Rs. 3.72 lacs was the balance payable for the suit property – Landowners however, submitted that the Developer had paid only Rs. 14.25 lacs and was still liable to pay Rs. 10.73 lacs towards the balance sale consideration for the entire suit property, as well as some part of the land already transferred in favour of the Developer – Since both the issues raised are seriously disputed which will be decided during the course of trial, the impugned orders passed by the Division Bench of the High Court did not warrant any interference – High Court has already granted a Temporary Injunction restraining the landowners from alienating or creating third party rights in the suit property till the disposal of the Suit – The interest of the Developer has been sufficiently protected with respect to ownership of the suit property – In view of this, order of vacation of Temporary Injunction by High Court whereby the respondents were restrained from interfering with the possession of the Developer over the suit property is upheld – Trial court to expedite the disposal of the suit – Appeals dismissed. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2019 INSC 1390 |
Petitioner | Saketa Vaksana Llp & Anr. |
Respondent | Kaukutla Sarala & Ors. |
SCR | [2019] 17 S.C.R. 396 |
Judgement Date | 2019-11-17 |
Case Number | 9483 |
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