MONICA  GOGIA VERSUS M S RSS ESTATE LLP & ORS 202/24 09/03/24 [ HON’BLE NEENA KRISHNA BANSAL JUSTICE ] [ DELHI HIGH COURT ]

• Order 39 Rule 1 CPC Injunction Agreement to Sell Suit for Cancellation of an agreement and Injunction – The plaintiff has filed a suit seeking to cancel an agreement to sell and a sale deed related to agricultural land in Mehrauli, New Delhi, and to prevent the defendants from alienating or constructing on the property – Alleged Fraud by Defendants – The plaintiff claims that the defendants failed to pay the balance consideration for the land and fraudulently obtained her signature on a Sale Deed without payment, leading to unauthorized construction and blocking access to her property – Court’s Interim Orders – The High Court has ordered a status quo on the title and possession of the property, directed the removal of any obstruction to the plaintiff’s access, and appointed a Local Commissioner to inspect the site and report on the construction and possession Status.

3. The present Suit for Cancellation and Permanent Injunction has been filed on behalf of the plaintiff seeking following reliefs: –
“a. Pass a decree in favor of the Plaintiff and against the Defendants thereby cancelling the Agreement to Sell dated 22.01.2024 with respect to the Agricultural Land measuring 4 bighas i.e 4032 sq. yds, bearing Mustatil No. 33, Killa No. 17 min(4 – 0) situated in the revenue estate of Village Mehrauli,Tehsil Mehrauli, New Delhi;
b. Pass a decree in favor of the Plaintiff and against the Defendants thereby cancelling the purported Sale Deed executed for the Agricultural Land measuring 4 bighas i.e 4032 sq. yds, bearing Mustatil No. 33, Killa No. 17 min(4 – 0) situated in the revenue estate of Village Mehrauli, Tehsil Mehrauli, New Delhi;
c. Pass a Decree of Permanent Injunction in favor of the Plaintiff and against the Defendants thereby restraining the Defendants, their agents, attorneys, assignees from alienating, disposing, selling off or part with possession of Suit Property;
d. Pass a Decree of Permanent Injunction in favor of the Plaintiff and against the Defendants thereby restraining the Defendants, their agents, attorneys, assignees from entering into of Suit Property;
e. Pass a Decree awarding costs of the instant suit along with legal costs in favor of the Plaintiff and against the Defendants.” Allowed

 

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MONICA GOGIA VERSUS M S RSS ESTATE LLP & ORS THE LAW LITERATES JUDGMENT

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