Nitin v. Sri Umesh Chand Jain And 8 Others

In Chamber

Case :- CONTEMPT APPLICATION (CIVIL) No. - 1794 of 2020

Applicant :- Nitin Opposite Party :- Sri Umesh Chand Jain And 8 Others Counsel for Applicant :- Shyam Babu Vaish

Hon'ble Anjani Kumar Mishra,J.

Heard learned counsel for the applicant.

Petitioner complains of disobedience of the interim order dated 08.04.2016 passed in Writ - C No. 15835 of 2016, whereby in a writ arising out of mutation case under Section 34 of the U.P. Land Revenue Act, the parties were restrained from creating any third party interest.

The allegation of the petitioner is that the respondents 1 to 4 have entered into an agreement to sell regarding the property in dispute in favour of respondents 6 to 9.

In my considered opinion, opposite party no. 5 has wrongly been impleaded as an opposite party in the contempt petition. His name is therefore, directed to be deleted and respondents 6 to 9 are directed to be renumbered as respondents 5 to 8.

However, since only an agreement to sell has been executed, the same in my considered opinion, does not amount to creation of any third party interest in the land in question. This is so because an agreement to sell does not create any right in the land. It only grants a right to the parties to sue for specific performance.

In my considered opinion, no contempt of the order dated 08.04.2016 can be said to be made out till such time an actual sale deed is executed by the respondents 1 to 4.

Subject to the above and since no wilful disobedience has been established, this contempt petition is dismissed.

Order Date :- 2.6.2020 Mayank

Neutral Citation No. - 2020:AHC:50266