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Ashok Kumar Katiyar vs Charan Jeet Singh and others

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Facts
Here in the present case Appellant is the owner of property No. 17/A-1, situated over Arazi No’s. 594,595 and 596 in the village Barsaitpur Tehsil, Kanpur Nagar district and he sold 700 square yards of land to respondent along with petrol pump with a registration sale deed on 24/02/2020 and the possession was transferred on 19/10/2019 with a memorandum of undertaking was executed between the parties on 27/06/2019 and agreed that the respondent will pay Rs. 6,25,00,000/- as sale consideration. Respondent paid Rs. 1,00,00,000/- at the time of execution of memorandum of undertaking and the remaining amount was agreed to pay at the time of execution of sale deed and it was agreed that appellant will transfer the petrol pump to respondent after completing the formalities with Hindustan Petroleum. After the completion of said sale agreement on December 2019, Appellant gave a legal notice to respondent stating all the facts and after that respondent filed a Commercial Suit: 46/2023 in Commercial Court to grant interim injunction restrain the Appellant and allow to enjoy the suit schedule property peacefully and transfer the possession of petrol pump after completing the formalities with Hindustan Petroleum and restrain the appellant and his men not to interfere with the peaceful enjoyment of the suit schedule property. Hon’ble court granted interim injunction on 28/08/2023 and directed Appellant not to interfere with respondent peaceful possession and transfer the possession of petrol pump to the respondent. Appellant filed the present suit against the interim injunction order and filed the present Appeal.

Issues:
Whether possession of petrol pump can be transferred to the respondent?
Whether appellant has a right to file a suit against the Interim Injunction order?
Whether the Suit can be maintained in the Commercial Court or not?

Arguments
Arguments of Appellant:
Appellant contested that appellant sold 700 square yards of land to respondent and respondent agreed to pay Rs. 6,25,00,000/- to the Appellant and both the parties agreed with a memorandum of undertaking and at that time respondent paid Rs. 1,00,00,000/- and at the time of execution of sale deed respondent again paid Rs. 4,00,00,000/- and Rs. 1,25,00,000/- to be paid for
Appellant.
Appellant contented that Respondent came to trail court with unclean hands and obtained an interim injunction from the trail court.
Appellant contended that the injunction granted by trail court is unjust and unfair.
Appellant also admitted the facts of agreement and transaction and here, transfer of possession of petrol pump is in question and he contended that after completion of the said transaction the possession of petrol pump can be transferred and it can not be restrained by granting an interim injunction.
Arguments of Respondent:
Respondent contended that sale consideration was completed at the time of execution of sale deed.
Respondent contended that the interim injunction which was granted by trail court is fair.
Respondent contended that after settling the sale consideration the possession of petrol pump was transferred and it was handed over to the respondent.
Respondent contended that after transfer of possession of the petrol pump appellant has no right to interfere with the peaceful possession of the respondent.

Court held:
The Hon’ble court held that after verifying all the documents it was held that the sale transaction and transfer of possession of petrol pump is legal and also directed that the appellant had a remedy that he can set a side the interim injunction order, but he cannot appeal for dismissal of such order and accordingly the present Appeal was dismissed.

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Detail Information

Title

Ashok Kumar Katiyar vs Charan Jeet Singh and others

Court

: ALLAHABAD HIGH COURT., 2024

Lenght/Sections/Order/Rules

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Language

English

Case Number/Citation

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Matter(s)

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Councels

For Appellant Shivam Shukla and Sushil Kumar Shukla. For Respondents Komal Mehrotra, and Rahul Sahai.

Statement of Responsibility

Pavani Priya. Akula, Sri Padmavathi mahila Visvavidyalayam

See Also

File Attachment

Comments

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