SWAPAN KUMAR SAHA Vs. JAYANTA KUMAR BOSE

JUDGEMENT

(1.) THE plaintiff in this suit for specific performance of an agreement for sale of an immovable property insists on an order of injunction restraining the defendants from dealing with the property on the ground that the protection accorded to him under Section 52 of the Transfer of Property Act is not adequate.

(2.) THE defendants assert that the plaintiff's conduct should discourage the court from affording any more protection than what the plaintiff has by virtue of the doctrine of lis pendens.

(3.) AN impassioned plea of the defendants for rejection of the plaint or dismissal of the suit did not earlier find favour with the court. The defendants implore that the continuation of the suit cannot be the only basis for making an order of injunction as sought and for the plaintiff to have earned the order that he seeks, he should have done the extra bit for balancing the comparative convenience.