UTTAM CHAND LUNIYA Vs. ROSHANLAL VERMA

JUDGEMENT

(1.) With the consent of the parties, the matter is heard finally.

(2.) The appellant/plaintiff has preferred this appeal against the order dated 6-5-2006 passed in Civil Suit No. 2-A/06 by First Additional District Judge, Rajnandgaon whereby the application of the appellant/ plaintiff under Order 39, Rules 1 & 2 of the Code of Civil Procedure for grant of temporary injunction has been rejected. (Parties hereinafter shall be referred to as per their description before the trial Court).

(3.) The plaintiff filed a suit for specific performance of the contract agreement with respect to the suit land with the averments that plaintiff and defendant No. 1 entered into a contract agreement dated 15-7-2003 to sell the suit land bearing Khasra No. 218/1, area 1.82 acres situated at village Sahaspur, for a consideration of Rs. 76.000/-. A subsequent agreement was again entered into between the parties on 30-7-2003 to sell the land bearing Khasra No. 218/2, area 1.81 acres situated at village Sahaspur, for a consideration of Rs. 76,000/-. The plaintiff has paid the full consideration at the time of said agreements and the defendant No. 1 promised to execute the sale deed in the name of the persons as directed by the plaintiff and also handed over the original Rin Pustika to the plaintiff. It is also averred that the plaintiff is already in possession of the suit land as the same was delivered to him at the time of agreements as a part performance of the contract, however, defendant No. 1 did not execute the sale deed despite being called upon to do the same vide legal notices and has falsely denied the transaction. The defendants are contemplating to transfer the property and therefore, in the aforesaid circumstances, they be restrained from alienating or otherwise creating third party interest over the suit property.