AVTAR SINGH Vs. LAKHBIR SINGH

JUDGEMENT

(1.) PLAINTIFF -Avtar Singh has invoked jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition assailing judgment dated 15.11.2011 (Annexure P -3) passed by learned additional District Judge, Patiala. Plaintiff -petitioner has filed suit against defendant -respondent Lakhbir Singh for possession of suit land by specific performance of agreement to sell dated 23.06.2008 Annexure P -1 allegedly executed by defendant in favour of the plaintiff. The defendant allegedly received Rs.8,00,000/ - as earnest money. The defendant allegedly failed to perform his part of the agreement although the plaintiff always remained ready and willing to perform his part of the agreement.

(2.) DURING pendency of the suit, the plaintiff sought temporary injunction restraining the defendant from alienating the suit land in any manner.

(3.) LEARNED trial Court vide order dated 03.12.2010 Annexure P -2 allowed the plaintiff's application for temporary injunction and restrained the defendant from alienating the suit land in any manner till final disposal of the suit. However, appeal preferred by defendant against the said order has been allowed by learned Additional District Judge vide impugned judgment dated 15.11.2011 and thereby plaintiff's application for temporary injunction stands dismissed subject to the condition that if the defendant alienates the suit property during pendency of the suit, he shall make recital in the deed of alienation about pendency of the suit and shall intimate the trial Court within one week of the alienation. Feeling aggrieved, plaintiff has filed this revision petition.