Arvind, S/o. Late Shri Radheyshyam v. Jitendra, S/o Babu Lal
2025-04-17
GANESH RAM MEENA
body2025
DigiLaw.ai
Order : (GANESH RAM MEENA, J.) 1. Matter comes up on the misc. application (IA No.1/2025) filed by the applicant/respondents for vacation of interim order dated 24.01.2025 passed by the Co-ordinate Bench of this Court. 2. Vide order dated 24.01.2025, the Court had directed the parties not to create any third party right in the property-in-question. 3. With the consent of learned counsel appearing for the parties, the present appeal is being heard and disposed of finally. 4. The present appeal has been preferred by the plaintiff- appellant with a challenge to the order dated 07.01.2025 passed by the learned Additional District & Sessions Judge Lalsot, District Dausa in Temporary Injunction Application No.08/2024 whereby, the application for temporary injunction filed by the plaintiff- appellant was dismissed. 5. Learned counsel for the applicant/respondents No.9 to 12 submits that the applicants are the bonafide purchaser of the land-in-question through a registered sale deed after making the payments of sale consideration to the land holders that are the respondents No.1 to 6. Learned counsel further submits that since the applicants are the bonafide purchaser of the land-in-question, they have every right to use the land-in-question in any manner. Learned counsel further submits that because of an interim order passed by the Co-ordinate Bench of this Court on 24.01.2025, their rights have adversely been effected though, the plaintiff- appellant prima-facie, has no case in his favour and balance of convenience also does not allow in his favour and further that no irreparable loss would be caused to him because he filed suit for specific performance with a prayer to issue direction to the respondents No.1 to 6 for executing the sale deed in his favour in furtherance of agreement to sale dated 21.09.2021 and 24.09.2021. 6. Learned counsel further submits that the sale deeds have been executed in favour of the applicants prior to filing of this suit by the appellant and in case, after recording of the evidence, the plaintiff is able to prove the breach of contract then he can claim compensation from the persons with whom he has entered into an agreement to sale. 7. Learned counsel appearing for the plaintiff-appellant submits that the respondents No.1 to 6 herein have entered into an agreement to sale dated 21.09.2021 and 24.09.2021 for sale of the agriculture land-in-question which is not in dispute by any of the party.
7. Learned counsel appearing for the plaintiff-appellant submits that the respondents No.1 to 6 herein have entered into an agreement to sale dated 21.09.2021 and 24.09.2021 for sale of the agriculture land-in-question which is not in dispute by any of the party. Learned counsel further submits that the land holder with whom he has entered into an agreement was under obligation to execute the sale deed in his favour. However, with collusion of the respondents No.9 to 12 and to frustrate the agreement to sale, they have executed three registered sale deed one is on 26.06.2024 and another two is on 21.06.2024 in favour of the respondents No.9 to 12. 8. Learned counsel further submits that in case the respondents/applicants are let free to sale out the land to third party it may create complications and also frustrate the purpose of filing of the suit. Learned counsel also submits that if the respondents are allowed to make further transfer of the land-in- question to third party or others, they will have to implead the subsequent purchasers again and again in the suit proceedings which may delay the suit proceedings also. 9. Heard. Considered the submissions made at bar and also perused the material available on record. 10. The basic duty of the Court is to protect the rights of the parties from both sides after having considered the pleadings and the material available on record. The apprehension of the appellant is that if the respondents/applicants are let free to transfer the land-in-question to third party or others, then his purpose of filing of the suit will be frustrated and it may create third party rights which may also create complications as they would have impleaded him as a party respondent/defendant which may prolong the suit proceedings. As regards the agreement to sale alleged to have been entered by the land owner with the appellant-plaintiff on 21.09.2021 and 24.09.2021 are concerned, the same are to be proved before the learned trial Court after recording of the evidence and whether any relief of specific performance can be granted to the plaintiff-appellant or not. It is not in dispute that the respondents/applicants are purchasers of the land from the land holder by way of registered sale deed and in such circumstances, rights of the purchaser by way of registered sale deed has also to be taken into consideration. 11.
It is not in dispute that the respondents/applicants are purchasers of the land from the land holder by way of registered sale deed and in such circumstances, rights of the purchaser by way of registered sale deed has also to be taken into consideration. 11. This Court without making any observation on the merits of the case because any finding and observation may adversely affect the trial proceedings for any of the party. This Court would intend to safeguard the interest of both the parties till the conclusion of the suit proceedings and for that purpose, this Court deems just and proper to pass an order as under:- (i) the respondents/applicants in whose name the land in question has now been recorded in the revenue record on the basis of the alleged registered sale deeds executed by the original land owner shall in case they transferred the land-in-question to third party shall make a mention in the sale deed as regards the pendency of the civil suit. (ii) in view of the provisions of Section 52A of the Transfer of Property Act, any further sale or transfer of the land-in-question shall remain subject to outcome of the pending civil suit. (iii) if during pendency of the civil suit the land-in- question is transferred to any other party, the plaintiff/appellant is not required to implead the subsequent purchasers as defendant and any decree if passed in favour of the plaintiff shall also be binding on the subsequent purchasers and this may also be disclosed by the respondents/applicants while making any transfer of the land. 12. Accordingly, the present misc. appeal is disposed of in the above terms. 13. Since the appeal is disposed of, the stay application as well as pending application, if any, also stands disposed of. 14. The learned trial Court is expected to expedite the trial of the suit proceedings and conclude the same as early as possible.