GANPAT Vs. ASHWANI KUMAR SINGH AND ANOTHER

JUDGEMENT

(1.) The core issue in this case is whether in absence of relief claimed for specific performance of agreement, a relief for mandatory injunction alone was entertainable.

(2.) Draped in brevity, the relevant facts are that the respondent No. 1/plaintiff instituted a suit for mandatory injunction against defendant not to transfer the suit land situated in Village Pipaliya Baaj Kha, Tahsil Huzur, District Bhopal on the basis of the agreement to sale dtd. 11/5/2007. In the said suit, the present petitioner/defendant No. 1 filed an application under Order 7 rule 11 CPC read with Sec. 151 CPC on 15/11/2011. In this application, the petitioner contended that the suit is not properly valued. In addition, a specific objection was raised that since suit is not filed seeking specific performance of agreement as per the Specific Relief Act, 1963, suit for mandatory injunction is not tenable. The plaintiff filed his reply to the said application on 28/11/2011. The Court below after hearing both the parties rejected the said application by impugned order dtd. 6/1/2012.

(3.) Shri Ankit Saxena, learned counsel for the petitioner advanced singular contention. He contended that the point involved in this case is squarely covered by judgment of this Court, reported in AIR 1961 MP 102 (Jawahar Theatres Private Ltd. v. Smt. Kasturi Bai). He submits that there is no other judgment on this point by this Court.