BACHAN DASS Vs. NAVTEJ SINGH

JUDGEMENT

(1.) The petitioner entered into an agreement to sell the land measuring 15 kanals 3 marlas @ Rs. 11.5 lac per killa. Having failed to perform the said agreement dated 10.6.2009, Navtej Singh-respondent had to file suit for specific performance. Alongwith the suit, an application for restraining the respondent from alienating the suit property was also filed.

(2.) The first appellate court, while granting injunction, placed reliance on the judgments Jeeto Versus Joginder Singh and others, 2008 4 CivCC 148 and Maharaja Khewaji Trust (Regd.) Faridkot Versus Baldev Dass, 2005 1 CivCC 430, wherein it was observed that temporary injunction cannot be declined on the ground that alienation would be subject to law of lis pendens and construction raised will be at his own risk. The relevant observations in Baldev Dass's case reads as under:-

(3.) Learned counsel for the respondent has also placed reliance on the judgment delivered in Rita Toor Versus Logical Developers Pvt. Ltd., 2010 2 CivCC 616. In this case also, in a suit for specific performance, the court had observed that temporary injunction cannot be declined on the basis that alienation will be subject to law of lis pendens.