SATISH BAHADUR Vs. HANS RAJ

JUDGEMENT

(1.) This revision petition has been filed against the order of the trial court dated 1st December, 1979, whereby the application for dismissing the suit for permanent injunction as having infructuous, was declined.

(2.) Hans Raj end others, plaintiff-respondents filed a suit for permanent in5unction to the effect that defendant No. 1 Satish Bahadur, who is the owner of suit land, be restrained from selling, mortgaging, leasing, exchanging, Rifting or transferring the same to Des Raj and Romesh Kumar defendants or any other person except the plaintiff because the defendant Satish Bahadur had entered into an agreement to sell the land in dispute to the plaintiffs vide agreement dated 15th April, 1978 which was required to be registered by l3th January, 1979.

(3.) The present suit was filed on 13th October, 1978. During the pendency of the suit, ad interim order of injunction was a1so passed against the defendants. It was on 27th January, 1979, the defendant-petitioners moved an application under Section 151 of the Civil P. C., in which it was stated that the present suit for permanent injunction which was filed on the basis of agreement dated l5th April, 1978 for which execution of the sale-deed, was to be effected by 13th January, 1979, has now become infructuous in view of the provisions of S. 41 (h) of the Specific Relief Act, as an injunction cannot be granted where equally efficacious relief can certainly be obtained by any other mode. It was further stated that if the plaintiffs want to get the relief under the said agreement, they should file a suit for specific performance of the contract. Consequently, it was prayed that the present suit for permanent injunction be dismissed as having become infructuous. This was contested on behalf of the plaintiffs and the trial Court after hearing the learned counsel for the parties, came to the conclusion that the plaintiffs cannot be compelled to file a suit for specific performance of the contract before the expiry of three years period which will expire on 12th January, 1982. According to the trial Court, the suit can become infructuous after that date but till then the suit for permanent injunction could not be dismissed as having become infructuous. Feeling aggrieved against this order, the defendant Satish Bahadur has filed this petition in this Court,