(1.) A common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party interests/alienating the property pending suit, in the face of provisions of Section 52 of the Transfer of Property Act, 1882 (hereafter referred to as "the TP Act") has been raised in these appeals. It was ably argued by learned counsel for the parties therein, unfolding various facets of the question. Before adverting to the factual aspects, it would be useful to first deal with this question.
(2.) It is common for plaintiffs in suits related to property to seek temporary injunction only to restrain defendant from alienating the property or creating third party interests, during the pendency of the suit. Such prayers are made mostly in suits for partition and separate possession of shares in joint family property, suits for specific performance of an agreement of sale, development agreement, suits by plaintiffs in possession of property, seeking to avoid a transfer either executed or to be executed, or suits by plaintiffs not in possession of the property transferred to them, where transferor repudiates the transfer, and the like.
(3.) In such cases, where the plaintiffs may have established a prima facie case, the question that would arise is whether in the face of provisions of Section 52 of the TP Act, a plaintiff could complain that he would suffer irreparably if an injunction to restrain creation of third party interests is not issued, and could it be held that balance of convenience would lie in favour of granting such an injunction?
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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