TAPAS DEY Vs. BABULAL NARAYAN PATEL & ORS

JUDGEMENT

(1.) The appeal arises out of the refusal of an order of injunction in a suit for specific performance.

(2.) The trial court has declined the injunction sought on the ground that the defendants' land over which an injunction is sought is not demarcated in the agreement of which specific performance is sought.

(3.) A copy of the relevant agreement of May 2, 2014 is appended to the appeal papers. It is evident that the parties agreed that the defendants would sell and the appellant herein would buy a parcel of land at an agreed consideration of Rs.8 lakh out of which Rs.4 lakh was paid at the time of the execution of the agreement for sale and the balance consideration was to be paid at the time of executing and registering the sale deed. Clause 3 of the agreement provides for the sale deed to be executed within a period of three years from the date of execution of the agreement for sale. As to the identity of the land, clause 3 refers to a "specific demarcated portion of the said land measuring one acre fully described in the schedule hereunder", but the schedule at the foot of the agreement does not demarcate any area of one acre.