AVTAR KUKREJA Vs. ANIL JAIN AND ANOTHER
LAWS(P&H)-2013-1-513
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 08,2013

AVTAR KUKREJA Appellant
VERSUS
Anil Jain and Another Respondents

JUDGEMENT

- (1.)Respondent No.1-Anil Jain/plaintiff (herein referred as 'the plaintiff') having failed to seek the relief of injunction before the trial court succeeded in seeking injunction in the appellate court to the effect that the parties would maintain status quo regarding possession as well as the construction over the property bearing No. SL-1 to SL8 (8 shops) measuring 2688 square feet marked as ABCDEF, shown in red colour in site plan Annexure 'A' appended to the plaint, situated on 3 rd floor of Senior Mall Destination Point, 12/2, Mile Stone, Mathura Road, Faridabad. The plaintiff and Senior Builders Limited-defendant No.2 remained satisfied with the order of injunction, whereas Avtar Kukreja-defendant No.1 (who is not signatory of the rent note) has come in revision.
(2.)Factual back ground of the case is that the plaintiff claims himself to be the owner in possession of the property bearing No. SL-1 to SL8 (shops), fully detailed and marked ABCDEF and shown in red colour in the site plan Annexure 'A' appended to the plaint situated on the third floor of the Senior Mall Destination Point, Faridabad, since 28.11.2006.
(3.)The plaintiff had averred that he purchased the total super area measuring 3364 square feet, vide sale agreement dated 28.11.2006 for total sale consideration of Rs. 21 lacs, the payment of which was made by him, vide receipts dated 14.8.2006, 9.10.2006 and 23.11.2006 to defendant No.2 (Senior Builders Limited) who is developer of the Mall and authorized person to sell the area. The possession of the said area was delivered to the plaintiff on 16.12.2009. On being threatened that the defendants would cause obstruction make demolition and interfere in the matter of furnishing and making improvements, the plaintiff/respondent No.1 filed the suit.


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