IMPERIAL PROPERTIES PRIVATE LIMITED Vs. AMI CHAND

JUDGEMENT

(1.) We have heard the counsel for the appellant. The appellant has come before us against the order of the Hon'ble Single Judge which had stated that by merely a payment of Rs.50,000.00 against the total sale consideration of Rs.22,00,000.00 , it is not possible to get an order of injunction. The Hon'ble Single Judge had relied upon a judgment of the Supreme Court in Kanshi Ram v. Om Prakash, reported as (1996) 4 SCC 593, in which the total sale consideration was Rs.16,000.00 and only a sum of Rs.2,500.00 had been paid. In that case, the total consideration which had been paid was only 16 per cent of the total sale consideration. In the instant case, the amount which has been paid is only 2.27 per cent of the total sale consideration.

(2.) The Supreme Court in the aforesaid case held that a buyer would not be entitled to a decree for specific performance despite the fact that two courts below directed the specific performance of the contract.

(3.) We wanted to see the bonafides of the appellant before us, who is the purchaser, by finding out whether it was ready and willing and able to deposit the entire consideration amount in this Court for the benefit of the person who succeed in appeal. Before us, it has been said that the appellant is not willing to deposit the entire amount of the consideration.