(1.) The petitioners are the defendants.
(2.) The respondents filed a suit for permanent injunction in O.S.No.296 of 1998 in the Court of the District Munsif, Dharapuram. The petitioners filed an application in I.A.No.541 of 2001 under Order 7 Rule 11 of C.P.C. for rejecting the plaint of the respondents in view of the bar contained in Section 41(h) of the Specific Relief Act. Rejecting the said contention, the trial Court dismissed the application. Hence, this civil revision petition.
(3.) According to the petitioners, the suit filed by the respondents for permanent injunction restraining the petitioners from alienating the suit properties and also from interfering with the respondents' possession is not maintainable. Since the suit was filed on the basis of the agreement of sale dated 17.4.1998 executed between the petitioners and the respondents for a sale consideration of Rs.70 lakhs in respect of the suit properties and the respondents paid Rs.50,000/- to the petitioners towards advance. On knowing fully well that the respondents could not enforce the terms of agreement, they have chosen to file the suit for bare injunction when the efficacious remedy is available to them to file the suit for specific performance and as such, the suit is barred under Order 7 Rule 11(d) of C.P.C. by virtue of Section 41(h) of the Specific Relief Act.
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