RUSHABHBHAI GAYAPRASAD JAIN Vs. RAMESHBHAI BHIMJIBHAI KOLADIYA

JUDGEMENT

(1.) Being aggrieved and dissatisfied by order dtd. 26/11/2021 passed by the learned 4th Additional Senior Civil Judge, Ahmedabad (Rural), Mirzapur, rejecting the application of the plaintiff for injunction below Exh.5 in Special Civil Suit No.61 of 2020, the plaintiff has filed this Appeal From Order under Sec. 104 read with order 43 of the Code of Civil Procedure.

(2.) The brief facts of the matter are as under:-

(3.) The defendants have resisted the suit as well as interim injunction application by filing composite reply at Exh.9. The defendants have admitted the execution of Banachitti as well as the execution of the sale deed in favour of them and that they are being in possession of the suit land and also issuance of cheques to the plaintiff by them. However, they have contended that as per the agreement between the parties, it was the duty of the plaintiff to get the title clearance of the land from the respective authority and as the plaintiff has failed to do so, he is not entitled to the outstanding amount as alleged. It is also contended that as per the Banachitti there was a condition of payment of consideration in installments and that too after title clearance is got by the plaintiff. The defendants have also submitted that as the plaintiff has not fulfilled his obligation of getting title clearance, the plaintiff was directed not to deposit the cheques and yet the plaintiff has deposited the cheques and due to that it has returned as unpaid. The defendants have shown their willingness to deposit the entire amount before the Court. The defendants submitted that the plaintiff has not a prima facie case against him as the defendants are owner of the property and are in possession of the property and therefore, no injunction needs to be granted against the defendants and the plaintiff could be compensated in terms of money. The defendants have also raised contention that they have also filed suit against the plaintiff.