RAM PAL SINGH AND ANR. Vs. BALJINDER SINGH

JUDGEMENT

(1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 19.11.2010, passed by learned Additional District Judge, Fast Track Court, Ludhiana, vide which appeal filed by the Petitioners against order dated 6.1.2010, passed by learned trial Court, vide which application filed by Respondent -Plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure (hereinafter to be referred as the 'Code') for ad interim injunction order was allowed, was dismissed.

(2.) I have heard learned Counsel for the Petitioners and have gone through the whole record carefully including the impugned orders passed by learned courts below.

(3.) RESPONDENT -Defendants contested the suit of the Plaintiff by admitting the execution of agreement and the receipt of Rs. 15,00,000/ - as earnest money. However, a plea has been taken that Respondent -Plaintiff committed fraud and that the remaining sale consideration was not paid, as agreed, and hence, Respondent -Plaintiff is responsible for breach of the terms and conditions of the agreement and that it was Respondent -Plaintiff, who failed to perform his part of the contract.