SUBHASH CHAND SHARMA Vs. NANDA

JUDGEMENT

(1.) HEARD counsel for the appellant.

(2.) THIS appeal is filed challenging the impugned order dated 22.1.1997 passed by learned IIIrd Addl. Civil Judge, Senior Division, Ghaziabad.

(3.) SECTION 41 (h) of the Specific Relief Act, 1963 clearly provides that an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust. On the facts of the case, efficacious relief will be specific performance of the agreement to sell. Even if the injunction sought by the appellant is granted, the appellant will have to file a suit for specific performance since he was not in possession of suit property. Therefore, the law required that the appellant should have filed a suit claiming efficacious relief of specific performance of agreement to sell which the appellant failed to file and, therefore, the ad interim injunction sought by the appellant was rightly refused by the trial court.