IN THE COURT OF SENIOR CIVIL JUDGE UNA, HP.

Sh. Rakesh Kumar age 58 years s/o Sh. Kishori Lal r/o ward
no 6 Village and post office Takka Ramnagar, Tehsil and
District Una, HP.
……………..Plaintiff

Versus

1. Sh. Jaswinder Singh s/o Lt Sh. Sukhdev Singh

2. Sh. Gurdeep Singh s/o Lt Sh. Sukhdev Singh
3. Smt. Surjeet Kaur wd/o Lt Sh. Sukhdev Singh
4. Sh. Jasbir Singh Saini s/o Sh. Charan Singh
All residents of Village & Post office Arniala, Tehsil &
District Una, HP.
………..…Defendants
Suit under section 10 of the Specific Relief Act, for specific
performance of agreements dated 11.04.2022 executed between
the plaintiff and the defendants no 1 to 3, and directing them to
execute the sale deed of the;
 I. Land measuring 00-6-37 square meters out of
Khewat No. 964, Khatouni No. 1372, Khasra no
2040, 2041 as per Jamabandi for 2015-2016 situated
in Mohal Arniala, Tehsil & District Una, HP.
II. Land measuring 00-7-68 sq meters out of Khewat
No. 964, Khatouni No. 1372, Khasra no 2430 as per
Jamabandi for 2015-2016 situated in Mohal Arniala,
Tehsil & District Una, HP And suit for declaration
to the effect that the sale deed no 694 dated
27.04.2023 & ……………………………registered
at office of Sub Registrar Una, Tehsil & District
Una, HP, executed by defendant No 1 and 2 in favor
of defendant No. 4 as null and void, ineffective
against the rights and interests of the plaintiff as the
same was executed with the malafide intension to
frustrate the claim of the plaintiff and in alternate
suit for recovery of amount of Rs. 3,00,000 /- as
principal amount along with interest @18% per
annum from date to agreement till its realization.
Sir,
The plaintiff submits as under:
1. That the defendant no 1 to 3 are owner in possession land
measuring 00-32-53 Hectare bearing Khewat No. 964,
Khatouni No. 1372, Khasra No. 2040, 2041, 2429, 2430 as
 per Jamabandi for 2015-2016 situated in Mohal Arniala,
Tehsil & District Una, HP.
2. That the defefdnat no 1 to 3 was in need of money as such
they agreed to sell their part of the above referred land vide
agreement to sell dated 11.04.2022, to extent of 00-6-37
square meters out of Khasra no 2040, 2041, Khewat No.
964, Khatouni No. 1372, as per Jamabandi for 2015-2016
situated in Mohal Arniala, Tehsil & District Una, HP for
full & final sale consideration of Rs. 6,00,000/- as the land
was hypothecated with KCC Bank Branch office Una, HP.
3. That the defendants no 1 to 3 had received an amount of Rs.
1,50,000/- as advance amount on 11.04.2022. The
agreement to sell with regard to this land was reduced in
writing on the same day that is on 11.04.2022 in the
presence of witnesses.
4. That to on same day i.e. 11.04.2022, another agreement to
sell was also executed between the plaintiff and defendants
no 1 to 3 with regard to land measuring 00-7-68 sq meters
bearing Khewat No. 964, Khatouni No. 1372, Khasra no
2430, as per Jamabandi for 2015-2016 situated in Mohal
Arniala, Tehsil & District Una, HP, as the Khasra no 2040
and 2041, was hypothecated with the bank. It was agreed
that in case the land of Khasra no 2040, 2041 is not released
by the bank, the defendants no 1 to 3, will execute a sale
 deed of land measuring 00-7-68 sq meters from Khasra no
2430 for Rs. 3,00,000/- (Three Lakhs) retaining the already
paid sale consideration of Rs. 1,50,000/- in agreement with
respect to land of Khasra no 2040, 2041. The defendants no
1 to 3 have also received an amount of Rs. 1,50,000/- as
advance amount in agreement with respect to land of Khasra
no 2430. Thus in both agreements in total the defendants no
1 to 3 have received an amount of Rs. 3,00,000/- in total.
5. That all the terms and conditions of the agreement were
reduced in to writing and the defendants no 1 to 3 had
promised to get the sale deed executed in favour of the
plaintiff on or before 15.06.2022. However whenever the
plaintiff asked the defendants no 1 to 3, to execute the sale
deed, they took one or the other excuse and did not execute
the sale deed.
6. That on 15.06.2022 the plaintiff called upon the defendants
no 1 to 3, to get the sale deed executed and the defendants
promised to come present at office of Sub Registrar Una,
HP, for this purpose. However the defendants did not turn
up for getting the sale deed executed and registered although
the plaintiff remained present throughout the day at Una, in
the office of Su-Registrar. The plaintiff was and is ready and
willing to get the sale deed executed after payment of
balance sale consideration of Rs. 3,00,000/- of land
 measuring 00-6-37 square meters out of Khasra no 2040,
2041, Khewat No. 964, Khatouni No. 1372, as per
Jamabandi for 2015-2016 situated in Mohal Arniala, Tehsil
& District Una, HP, as the defendants no 1 to 3 has already
received the amount of Rs. 3,00,000/- in total in both the
agreements. The plaintiff was and is ready and willing to get
the sale deed executed of the land measuring 00-7-68 sq
meters from Khasra no 2430 in case the defendant no 1 to 3
have not redeemed the land of Khasra no 2040 and 2041
from the Bank as the total sale consideration of agreement to
sell qua land of Khasra No 2430 was Rs. 3,00,000/- and the
defendants have received the same in advance.
7. That the defendants were asked to execute the sale deed in
favour of the plaintiff after accepting the balance
consideration amount of Rs. 3,00,000/- qua the land of
Khasra no 2040 and 2041 but despite several requests of the
plaintiff, the defendants neither got the sale deed executed
nor fixed any specific date for execution of the same.
Moreover the defendants no 1 to 3 have already received the
full and final sale consideration of the agreement to sell qua
land bearing Khasra no 2430.
8. That legal notice dated 13.03.2024 was also served upon the
defendants no 1 to 3 through counsel of the plaintiff & the
same was returned back with remarks “ refused” as such the
 same is presumed to be delivered and despite that the
defendants has failed to execute the sale deed. Hence the
plaintiff has a cause of action.
9. That the plaintiff then gathered the documents to file the suit
and it was transpired that that the defendant no 1 and 2 has
sold the land to defendants no 4 vide sale deed no 694 dated
27.04.2023 and…………….....registered at office of Sub
Registrar Una, Tehsil & District Una, HP.
10.That the cause of action accrued to the plaintiff on
11.04.2022 when the agreement to sell was executed and on
15.06.2022, then on 13.03.2024 when the legal notice to
execute the sale deed was served upon the defendant no 1 to
3. Hence the suit is within time.
11.That the suit property is situated & the parties to the suit are
residing within the territorial jurisdiction of this Hon’ble
Court, hence this Hon’ble court has jurisdiction to try this
suit.
12.That the value of the suit for the purpose of court fee is Rs.
4,50,000/- and the plaint is being presented on the court fee
of Rs. 7060/-.
It is, therefore, prayed that a decree for specific performance of
contract dated 11.04.2022, directing the defendants to execute the
sale deed of the Land measuring 00-6-37 square meters out of
Khewat No. 964, Khatouni No. 1372, Khasra no 2040, 2041 as
per Jamabandi for 2015-2016 situated in Mohal Arniala, Tehsil &
District Una, HP or land measuring 00-7-68 sq meters bearing
Khewat No. 964, Khatouni No. 1372, Khasra no 2430, as per
Jamabandi for 2015-2016 situated in Mohal Arniala, Tehsil &
District Una, HP may be kindly be passed with costs in favour of
the plaintiff And to declare the sale deed no 694 dated 27.04.2023
& …………………registered at office of Sub Registrar Una,
Tehsil & District Una, HP, executed by defendant No. 1 and 2 in
favor of defendant No. 4 as null and void, ineffective against the
rights and interests of the plaintiff as the same was executed with
the malafide intension to frustrate the claim of the plaintiff and in
alternate suit for recovery of amount of Rs. 3,00,000 /- as
principal amount along with interest @18% per annum from date
to agreement till its realization. The Hon’ble Court may grant any
other relief which may be found proper as per the facts &
circumstances of this case.
Dated: 18.04.2024 Plaintiff
Through counsels
(Anand Sharma & Amit Sawhney)
Advocates
Verified at Una on this 18th day of April 2024 that the contents of
the plaint are true and correct to the best of my knowledge and
nothing material has been concealed there from.
Plaintiff
 IN THE COURT OF SENIOR CIVIL JUDGE UNA, HP.

Sh. Rakesh Kumar age 58 years s/o Sh. Kishori Lal r/o ward
no6 village and post office Takka Ramnagar, Tehsil and
District Una, HP.

……………..Plaintiff
Versus
1. Sh. Jaswinder Singh s/o Lt Sh. Sukhdev Singh
2. Sh. Gurdeep Singh s/o Lt Sh. Sukhdev Singh
3. Smt. Surjeet Kaur wd/o Lt Sh. Sukhdev Singh
4. Sh. Jasbir Singh Saini s/o Sh. Charan Singh
All residents of Village & Post office Arniala, Tehsil
& District Una, HP.
………..…Defendants

Affidavit
I Rakesh Kumar age 58 years s/o Sh. Kishori Lal r/o ward no 6
Village and post office Takka Ramnagar, Tehsil and District Una,
HP, do hereby solemnly affirm and declare as under:-
 1. That the accompanying plaint has been drafted at my
instance and the contents of which has been read over
and explained to me. The averments of the plaint have
been read over and explained to me in vernacular and the
same are admitted correct.
2. That the contents accompanying plaint are true and
correct as per my knowledge and belief and correct as per
the legal advice, and nothing material has been concealed
there from.

Dated:18.04.2024 Deponent

I, above named deponent further affirmed and declared that the

contents of the above paras 1& 2 of my affidavit are true and
correct to the best of my knowledge and belief and nothing
material has been concealed therein.
Deponent
 IN THE COURT OF SENIOR CIVIL JUDGE UNA, HP.

Sh. Rakesh Kumar age 58 years s/o Sh. Kishori Lal r/o ward
no 6 village and post office Takka Ramnagar, Tehsil and
District Una, HP.
……………..Applicant
Versus
1. Sh. Jaswinder Singh s/o Lt Sh. Sukhdev Singh
2. Sh. Gurdeep Singh s/o Lt Sh. Sukhdev Singh
3. Smt. Surjeet Kaur wd/o Lt Sh. Sukhdev Singh
4. Sh. Jasbir Singh Saini s/o Sh. Charan Singh
All residents of Village & Post office Arniala, Tehsil & District
Una, HP.
………..…Respondents
(Suit under section 10 of the Specific Relief Act)
Application under Order 39 Rule 1 & 2 CPC for
issuance of ad-interim injunction restraining the
respondents from alienating, creating lien, mortgaging
and changing the nature of the suit land measuring 00-
6-37 square meters out of Khewat No. 964, Khatouni
No. 1372, Khasra no 2040, 2041 as per Jamabandi for
2015-2016 situated in Mohal Arniala, Tehsil & District
Una, HP & Land measuring 00-7-68 sq meters out of
 Khewat No. 964, Khatouni No. 1372, Khasra no 2430
as per Jamabandi for 2015-2016 situated in Mohal
Arniala, Tehsil & District Una, HP, Which is subject
matter of agreement to sell dated 11.04.2022 till the
disposal of the main suit.
Sir,
The applicant submits as under:
1. That the defendant no 1 to 3 are owner in possession land
measuring 00-32-53 Hectare bearing Khewat No. 964,
Khatouni No. 1372, Khasra No. 2040, 2041, 2429, 2430 as
per Jamabandi for 2015-2016 situated in Mohal Arniala,
Tehsil & District Una, HP.
2. That the defefdnat no 1 to 3 was in need of money as such
they agreed to sell their part of the above referred land vide
agreement to sell dated 11.04.2022, to extent of 00-6-37
square meters out of Khasra no 2040, 2041, Khewat No. 964,
Khatouni No. 1372, as per Jamabandi for 2015-2016 situated
in Mohal Arniala, Tehsil & District Una, HP for full & final
sale consideration of Rs. 6,00,000/- as the land was
hypothecated with KCC Bank Branch office Una, HP.
3. That the defendants no 1 to 3 had received an amount of Rs.
1,50,000/- as advance amount on 11.04.2022. The agreement
to sell with regard to this land was reduced in writing on the
same day that is on 11.04.2022 in the presence of witnesses.
4. That to on same day i.e. 11.04.2022, another agreement to
sell was also executed between the plaintiff and defendants
no 1 to 3 with regard to land measuring 00-7-68 sq meters
bearing Khewat No. 964, Khatouni No. 1372, Khasra no
2430, as per Jamabandi for 2015-2016 situated in Mohal
Arniala, Tehsil & District Una, HP , as the Khasra no 2040
and 2041, was hypothecated with the bank. It was agreed that
in case the land of Khasra no 2040, 2041 is not released by
the bank, the defendants no 1 to 3, will execute a sale deed of
land measuring 00-7-68 sq meters from Khasra no 2430 for
Rs. 3,00,000/- (Three Lakhs) retaining the already paid sale
consideration of Rs. 1,50,000/- in agreement with respect to
land of Khasra no 2040, 2041. The defendants no 1 to 3 have
also received an amount of Rs. 1,50,000/- as advance amount
in agreement with respect to land of Khasra no 2430. Thus in
both agreements in total the defendants no 1 to 3 have
received an amount of Rs. 3,00,000/- in total.
5. That all the terms and conditions of the agreement were
reduced in to writing and the defendants no 1 to 3 had
promised to get the sale deed executed in favour of the
plaintiff on or before 15.06.2022. However whenever the
plaintiff asked the defendants no 1 to 3, to execute the sale
deed, they took one or the other excuse and did not execute
the sale deed.
6. That on 15.06.2022 the plaintiff called upon the defendants
no 1 to 3, to get the sale deed executed and the defendants
promised to come present at office of Sub Registrar Una, HP,
for this purpose. However the defendants did not turn up for
getting the sale deed executed and registered although the
plaintiff remained present throughout the day at Una, in the
office of Su-Registrar. The plaintiff was and is ready and
willing to get the sale deed executed after payment of balance
sale consideration of Rs. 3,00,000/- of land measuring 00-6-
37 square meters out of Khasra no 2040, 2041, Khewat No.
964, Khatouni No. 1372, as per Jamabandi for 2015-2016
situated in Mohal Arniala, Tehsil & District Una, HP, as the
defendants no 1 to 3 has already received the amount of Rs.
3,00,000/- in total in both the agreements. The plaintiff was
and is ready and willing to get the sale deed executed of the
land measuring 00-7-68 sq meters from Khasra no 2430 in
case the defendant no 1 to 3 have not redeemed the land of
Khasra no 2040 and 2041 from the Bank as the total sale
consideration of agreement to sell qua land of Khasra No
2430 was Rs. 3,00,000/- and the defendants have received the
same in advance.
7. That the defendants were asked to execute the sale deed in
favour of the plaintiff after accepting the balance
consideration amount of Rs. 3,00,000/- qua the land of
 Khasra no 2040 and 2041 but despite several requests of the
plaintiff, the defendants neither got the sale deed executed
nor fixed any specific date for execution of the same.
Moreover the defendants no 1 to 3 have already received the
full and final sale consideration of the agreement to sell qua
land bearing Khasra no 2430.
8. That legal notice dated 13.03.2024 was also served upon the
defendants no 1 to 3 through counsel of the plaintiff & the
same was returned back with remarks “ refused” as such the
same is presumed to be delivered and despite that the
defendants has failed to execute the sale deed. Hence the
plaintiff has a cause of action.
9. That the plaintiff then gathered the documents to file the suit
and it was transpired that that the defendant no 1 & 2 has sold
the land to defendants no 4 vide sale deed no 694 dated
27.04.2023 and …………………………registered at office
of Sub Registrar Una, Tehsil & District Una, HP.
10. That the cause of action accrued to the plaintiff on
11.04.2022 when the agreement to sell was executed and on
15.06.2022, then on 13.03.2024 when the legal notice to
execute the sale deed was served upon the defendant no 1 to
3. Hence the suit is within time.
11. That the suit property is situated & the parties to the suit are
residing within the territorial jurisdiction of this Hon’ble
 Court, hence this Hon’ble court has jurisdiction to try this
suit.
12. That the respondents are threatening to change the nature and
to further alienate the suit land in order to frustrate the claim
of the applicant. In case the respondents are not restrained
from doing so the very purpose of the suit will be frustrated
and it will amount to multiplicity of the litigation. The
respondents have no right to do so.
13. That in case the respondent succeeded in illegal and
unwarranted designs the applicant will certainly suffer an
irreparable loss and legal injury which can never be
compensated in terms of money.
14. That prima facie case and balance of convenience lies in
favour of the applicant.
15. That the application has been made in good faith and
bonafide manner. An affidavit is attached.
It is, therefore, prayed that ad-interim injunction restraining the
respondents from alienating, creating lien, mortgaging and
changing the nature of the suit land measuring 00-6-37 square
meters out of Khewat No. 964, Khatouni No. 1372, Khasra no
2040, 2041 as per Jamabandi for 2015-2016 situated in Mohal
Arniala, Tehsil & District Una, HP & Land measuring 00-7-68
sq meters out of Khewat No. 964, Khatouni No. 1372, Khasra no
2430 as per Jamabandi for 2015-2016 situated in Mohal Arniala,
Tehsil & District Una, HP, Which is subject matter of
agreement to sell dated 11.04.2022, may please be granted in
favour of the applicant and as against the respondents, till the
disposal of the main suit.
Dated 08.04.2024 Applicant
Through Counsels
(Anand Sharma & Amit Sawhney)
Advocates
 IN THE COURT OF SENIOR CIVIL JUDGE UNA, HP.

Sh. Rakesh Kumar age 58 years s/o Sh. Kishori Lal r/o ward
no 6 village and post office Takka Ramnagar, Tehsil and
District Una, HP.
……………..Plaintiff
Versus

1. Sh. Jaswinder Singh s/o Lt Sh. Sukhdev Singh

2. Sh. Gurdeep Singh s/o Lt Sh. Sukhdev Singh
3. Smt. Surjeet Kaur wd/o Lt Sh. Sukhdev Singh
4. Sh. Jasbir Singh Saini s/o Sh. Charan Singh
All residents of Village & Post office Arniala, Tehsil &
District Una, HP.
………..…Defendants

Affidavit
I Rakesh Kumar age 58 years s/o Sh. Kishori Lal r/o ward no 6
Village and post office Takka Ramnagar, Tehsil and District Una,
HPdo hereby solemnly affirm and declare as under:-
 1. That the accompanying application has been drafted at my
instance and the contents of which has been read over and
explained to me. The averments of the application have been
read over and explained to me in vernacular and the same
are admitted correct.
2. That the contents accompanying application are true and
correct as per my knowledge and belief and correct as per
the legal advice, and nothing material has been concealed
there from.
Dated: 18.04.2024 Deponent
I, above named deponent further affirmed and declared that the
contents of the above paras 1 & 2 of my affidavit are true and
correct to the best of my knowledge and belief and nothing
material has been concealed therein.

Deponent