BABUL SAHA Vs. SANAT KUMAR MALLICK

JUDGEMENT

(1.) THESE two revisional applications have been preferred against the self same order and as such are taken up together to avoid prolixity of repetition.

(2.) THE petitioner, being the plaintiff, has challenged the judgment and order dated 11th September, 2012 passed in Misc.Appeal No.09 of 2012 by the District Judge, Andaman and Nicobar Islands by which an application for injunction is rejected. Shorn of unnecessary details, the petitioner filed Other Suit No.63 of 2012 against the opposite parties seeking for a decree for specific performance of an agreement for sale of immovable property with an alternate prayer to refund the money paid as and by way of earnest money together with interest at the rate of 18 per centum.

(3.) ACCORDING to the petitioner, the possession was handed over to him upon execution of the said agreement by the opposite parties. Since the opposite parties were contemplating to sell the said property to a third party and refused to execute the deed of conveyance/ sale deed in favour of the petitioner, the said suit has been instituted. An application for injunction has also been taken out in the said suit by the petitioner for an order restraining the opposite parties to maintain the status quo in respect of nature, character and possession of the scheduled property.