DEEPAK BHAGWAN VYAS Vs. PRAKASH BACHCHARAJ JAISWAL

JUDGEMENT

(1.) Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties.

(2.) In Special Civil Suit No. 24 of 2014 for specific performance of contract, the trial Court rejected the application at Exh.10 on 12.06.2015 for grant of temporary injunction restraining the defendants from disturbing the peaceful possession of the plaintiff over the suit property. In Misc. Civil Appeal No. 38 of 2015, preferred by the plaintiff, the lower appellate Court has set aside the decision of the trial Court on 15.07.2015 and the application at Exh. 10 has been allowed, granting injunction restraining the defendants from disturbing and interfering with the possession of the plaintiff over the suit property pending the decision of the suit.

(3.) The Court has to find out whether prima facie the plaintiff has proved his possession over the suit property. The lower appellate Court has relied upon the agreement for extension of time executed between the parties on 31.03.2011, 28.02.2012 and 28.02.2013, wherein a clause is contained to the effect that the plaintiff shall be at liberty take electric meter, water meter in his name in the suit property.