CHANDRA KUMAR Vs. JAIDEV NAINANI

JUDGEMENT

(1.) IN this appeal the -plaintiff -appellant complains that in his suit the trial Court has refused to grant him any interim relief. The admitted facts of the case are that there was an agreement to sell executed on 12.3.1985 between the parties in respect to the suit land. Plaintiff -appellant wanted to purchase the land from defendant -respondent No.1 and paid Rs.10,000/ - as earnest money fixing Rs.1,38,000/ - as consideration or sale -price for the land. The parties exchanged notices and the transaction having fallen, the suit was instituted to enforce the contract aforesaid. The case of the defendant -respondent No.1 is that he is constructing his own house on the land while on. the other hand the plaintiff - appellant contends that the suit land is sold to defendant - respondent No.2. On record, however, has come permission which the defendant -respondent No.1 has obtained in his name from the Municipal Corporation for construction of house.

(2.) IN these circumstances, in my view, it will not be just and proper to obstruct that construction because the relief of specific performance is discretionary relief. However, to safeguard the interest of the plaintiff -appellant one order may be passed and that is made. I direct that during pendency of the suit neither the suit land nor the house under construction shall be alienated in any manner by respondent -defendant No.1 The construction shall continue.