SUSHILA SINGH Vs. VIJAY SANKER SHUKUL

JUDGEMENT

(1.) THIS appeal is by plaintiff under Order 43, Rule 1 (r) of the Code of Civil Procedure, against an order dated 7-1-1988 granting temporary injunction in favour of respondent No. 1 (Defendant No. 1) restraining the appellant from interefering with his possession over the ground floor of the suit house, mentioned in the earlier order dated 22-9-1986 of temporary injunction issued against the appellant.

(2.) THE plaintiffs suit is for specific performance of contract of sale dated 23-8-1980 and ancillary reliefs against the defendant in respect of suit house together with appurtenant land, 1496, Wright Town, Jabalpur called "jai Niwas" (hereinafter called the suit property') on the allegations that the defendant agreed to sell it for a consideration of Rs. 2 lacs. After receiving part consideration of Rs. 50,000/- the defendant executed an agreement on the same date and in part performance of the contract, he delivered vacant possession of the ground floor marked by letters E F G H, in the plaint map to the plaintiff. The defendant also permitted the plaintiff to carry out repairs, colour-wash etc. of the remaining parts of the building. On 14-2-1981. , the plaintiff paid further a sum of Rs. 32,000/- the receipt of which was duly acknowledged and vacant possession of the first floor delivered to the plaintiff. The plaintiff claims that in all she paid Rs. 1,95,000/- on different dates to the defendant.

(3.) DURING pendency of the suit, both parties made applications under Order 39, Rules 1 and 2, Civil Procedure Code, for grant of injunction against each other. One of such applications, dated 27-9-1984, I. A. No. 7 by the defendant was made for issue of temporary injunction to restrain the plaintiff from taking forcible possession of the ground floor.