DALJIT SINGH Vs. GURDEEP SINGH AND ANOTHER

JUDGEMENT

(1.) The plaintiff who filed a suit for specific performance of the agreement for sale and also for permanent injunction filed an application under Order 39 Rule 1 & 2 of the Code of Civil Procedure seeking interim injunction during the pendency of the suit.

(2.) The trial Court relied upon the affidavit alleged to have been sworn to by the plaintiff cancelling the very agreement, chose to dismiss the application for interim injunction. But the First Appellate Court having adverted to the rival contentions of parties as regards the alleged affidavit chose to grant the relief as prayed for based on the agreement for sale.

(3.) The learned counsel appearing for the Revision petitioner mainly harps on the affidavit alleged to have been executed by the defendant cancelling the very agreement for sale alleged to have been executed between the parties.