DEVRAJBHAI BHIMJIBHAI BUSA Vs. KHODUBHAI HEMBHA JADEJA

JUDGEMENT

(1.) THIS appeal challenges judgement and order passed by the learned 3rd Additional Senior Civil Judge at Rajkot in Special Civil Suit No.120 of 2008 rejecting the application for interim injunction Exh.5 in the suit for specific performance.

(2.) THE short facts of the case are that defendant respondent executed a Satakhat in respect of the suit land for village Hadmatiya (Junction), tal. Padadhari being Revenue Survey No.65 paiki 1 in favour of plaintiff on 01/08/2007. As per case of plaintiff, the defendant had executed a writing before executing a Satakhat in favour of plaintiff on 26/06/2007 in which it is decided to sell the land at the price of Rs.5,40,000/- per Acre. THE plaintiff submits that that he has paid Rs.51,000/- as earnest money and remaining amount was to be paid within 60 days from the date of the Satakhat. THE plaintiff says that the suit property was purchased at consideration of Rs.28 Lacs and plaintiff paid Rs.8,00,000/- and is ready and willing to pay the remaining amount of consideration, but the defendant has denied to execute the sale deed, which has given rise to the interim injunction application.

(3.) SO far as the reliance placed by the learned Advocate on the decision reported in AIR 1967 SC 808 is concerned, the ratio laid down therein would not be applicable to the present case, in view of the facts of the present case as per Clause -3 balance amount was required to be paid within sixty days.