Dismissed

Amit Jain v. Gurpreet Singh

Punjab & Haryana HC18 Feb 2015CR/1124/2015

Case brief

AI extract

What is this about?

The Punjab & Haryana High Court dismissed a revision petition challenging orders in a suit for specific performance. The court upheld the lower court's discretion directing the vendor to record lis pendens and include a recital of the pending suit in any sale deed, finding no perversity in the decision.

What did the court decide?

Revision petition dismissed upholding lower court's direction to vendor to record lis pendens and incorporate recital in sale deed.

Amit Jain Vs Gurpreet Singh — Specific Performance | Punjab & Haryana HC (2015)

CR 1124/2015

116

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

¶5

Date of decision:18.02.2015

¶6

Amit Jain

¶7

.............Petitioner

¶8

¶9

Gurpreet Singh

¶10

.............Respondent

¶11

CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

¶12

Present:Mr.Vinish Singla,Advocate for the petitioner

¶13

Jaswant Singh,J.(Oral)

¶14

Plaintiff is in revision against concurrent orders passed by both the Courts below whereby in a suit for specific performance his application for temporary injunction to restrain the defendant/vendor from alienating the suit land has been disposed of with the specific direction to the vendor that in case he sells the property out of the suit land, recital regarding pendency of the present suit shall be incorporated in the sale deed.

¶15

Having heard learned counsel for the petitioner/plaintiff at length this Court is not inclined to interfere with the impugned orders.

¶16

No doubt in the pending suit for specific performance, against the total sale consideration of approximately Rs.2.00 crores, a sum of Rs.41.00 lacs as earnest money is alleged to have been paid, however, the learned trial court has exercised its discretion in safeguarding the interest of the plaintiff by directing the

¶17

RAJINDER PRASHAD JOSHI 2015.02.19 12:06 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

¶18

CR 1124/2015 2 116

¶19

defendant/vendor that not only the doctrine of lis pendens shall apply but also a recital would have to be incorporated in the sale deed, if any, regarding pendency of the present suit. It is well settled that once the lower court has exercised its discretion, unless the discretion is perverse, the same is not to be ordinarily interfered with. In the present case this Court does not find any perversity in the exercise of such a discretion.

¶20

In view of the above, present revision petition is dismissed.

¶21

18.02.2015 joshi

¶22

(Jaswant Singh) Judge

¶23

RAJINDER PRASHAD JOSHI 2015.02.19 12:06 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

Amit Jain v. Gurpreet Singh

Case brief

What is this about?

What did the court decide?

Amit Jain v. Gurpreet Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Gurbachan Singh Vs Santo and Ors.

Gurpreet Singh Vs Amrinderjit Singh Sidhu

Munni Vs M.A.C.T. and Anr.

Sukhdev Singh Vs Sukhdev Singh

Ram Kali and Anr. Vs State of Haryana and Ors.

Jyoti and Ors. Vs Shambu Dutt Trikha