RAGHUNATH SIKDER Vs. TAPAS SAHA

JUDGEMENT

(1.) The present appeal arises from an order no. 30 dated 22nd November, 2019 passed by the learned Civil Judge (Senior Division), 1st Court, Barasat in Title Suit No. 210 of 2013, by which an application under Order XXXIX Rule 4 of the Code of Civil Procedure filed by the defendants/appellants was dismissed and an application for injunction was allowed on contest without costs.

(2.) Indubitably, the plaintiff/respondent filed a suit for specific performance of an agreement for sale of an immovable property at a consideration money of Rs.21 lakhs. Out of the said consideration money a sum of Rs.6.5 lakhs was paid by way of earnest money and it is alleged by the plaintiff that despite he being ready and willing to perform his obligation under the written agreement dated 16th February, 2013 there was a failure on the part of the defendants/appellants to honour the terms of the said agreement and, therefore, the plaintiff was constrained to file a suit for specific performance of an agreement for sale.

(3.) It is further alleged in the plaint that several requests were made in completing the transaction, but the negligence on the part of the defendants/appellants is eminent and evident. On the conspectus of the aforesaid facts an application for temporary injunction was taken out for an order restraining the defendants from creating any third party interest, alienating, transferring and/or dealing with the property in any manner whatsoever and also from changing the nature and character thereof.