DEVI PRASAD Vs. JITENDRA KUMAR

JUDGEMENT

(1.) Being aggrieved by the order dated 30.6.2016 passed by Vth Additional District Judge, in Civil Suit No.39-A/2016, whereby the trial Court has issued temporary injunction under Order 39 rules 1 and 2 of CPC in favour of respondent No. 1 /plaintiff, this miscellaneous appeal under Order 43 rule 1 of CPC has been preferred by appellants/defendants.

(2.) The plaintiff has filed a suit for specific performance of agreement to sale dated 10.8.2015 of disputed land as described in para 1 of the plaint situated in Village Kanheradev alleged to have been executed by defendants in favour of plaintiff. Plaintiff has also filed an application under Order 39 rules 1 and 2 of CPC before the trial Court for grant of temporary injunction to restrain the defendants to alienate the disputed property.

(3.) In their reply, the appellants/defendants have denied averments of plaint and pleaded that actually the plaintiff had advanced a loan of Rs. 12 lacs and fraudulently obtained the signature of defendants on certain papers and thereafter prepared a forged agreement to sale of disputed land. The defendants have returned the loan amount by cheque to the plaintiff. Thus, plaintiff has no right or title over the disputed land. The alleged agreement to sale is not registered and not duly stamped, therefore, it cannot be considered for any purpose. Thus, the prayer for temporary injunction is liable to be rejected.