SNEHIL DIWAN Vs. SUDESH CHANDRA

JUDGEMENT

(1.) This Miscellaneous Appeal has been preferred by the Plaintiff under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') questioning the legality and propriety of the order dated 16.12.2020 passed in Civil Suit No.(A)/12/2020 whereby the learned trial Court has rejected his application filed under Order 39 Rule 1 and 2 of CPC seeking grant of temporary injunction. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

(2.) Briefly stated the facts of the case are that the Plaintiff instituted a suit claiming specific performance of contract and injunction submitting, inter alia, that vide agreement to sale dated 13.11.2017, the Defendant has agreed to alienate the land in question being part of Kh.No.148/3 admeasuring 4000 sq.ft. situated at village Lingiyadih, Tahsil and District Bilaspur at the rate of Rs.1,900/- per sq.ft., i.e., for a total consideration of Rs.76,00,000/-. It is pleaded by the Plaintiff that in pursuance of the alleged agreement to sale, he paid him a sum of Rs.5,00,000/- through cheque of Chhattisgarh Gramin Bank, dated 14.11.2017, while Rs.10,00,000/- through another cheque of the said bank on 22.01.2018 and registered deed of sale was required to be executed within the period of six months from the date of its diversion. It is pleaded further that despite the diversion of the land in question, made on 31.01.2019, neither the information of it was provided to him by the Defendant nor has executed the registered deed of sale in pursuance of the alleged agreement and, instead the Defendant has deliberately kept it in abeyance on one pretext or the other despite issuance of the several notices, though the Plaintiff was always ready and willing to perform his part of the contract. The Plaintiff has, therefore, been constrained to institute the suit in the instant nature on 14.01.2020.

(3.) Along with the aforesaid claim, an application enumerated under Order 39 Rule 1 and 2 read with Section 151 of CPC has been made by the Plaintiff while reiterating the contentions made in the plaint seeking issuance of temporary injunction restraining the Defendant from alienating the property in question pending decision of the suit else it would cause an irreparable loss to him.