DEVENDRA KUMAR Vs. JANAKRAM

JUDGEMENT

(1.) THIS Misc. Appeal is directed against the order dated 25.11.97, of the District Judge, Raipur, in Civil Suit No. 28A/97, whereby the application of the plaintiff-appellant for grant of temporary injunction has been dismissed.

(2.) THE plaintiff-appellant filed a suit, praying for specific performance of agreement for the sale of suit property comprising of agricultural land bearing Khasra No. 231/2, area 0.193 hectare, situate at village Telibandha, Patwari Circle Raipur, and for injunction against the respondent Nos. 1, 2 & 3, not to alienate the same in favour of any other person. The plaintiff-appellant alleged that the respondent Nos. 1 & 2 have executed an agreement dated 18.2.92 in his favour, for selling the suit land, and he sought specific performance of the said agreement. In the said suit an application (Annx. A-4) was filed under Order 39 Rule 1 & 2 read with section 151 of Civil Procedure Code praying that a temporary injunction be issued against defendant-respondent Nos. 1 & 2 that they may not transfer the suit land in favour of defendant-respondent No. 3 or anybody else, and they may not interfere in the possession of the plaintiff- appellant thereon.

(3.) THE learned trial Court has held that there is no prima facie case in favour of the appellant-plaintiff and that he is not in possession of the suit land. He has breached the conditions of the agreement. It was also held that balance of convenience was not in favour of the appellant-plaintiff. The application for temporary injunction was, therefore, dismissed.