JAGDISH CHAND Vs. GHAN SHYAM

JUDGEMENT

(1.) THE revision petition is against the order of injunction granted by the trial Court as affirmed by the appellate in favour of the respondent/judgment -debtor in a suit for specific performance. It appears that the plaintiff -respondent has filed also an application to set aside the ex parte decree of specific performance granted in favour of the petitioner. It appears that the decree -holder made a statement in Court that he had his decree fully satisfied and did not press for further process in execution. In the judgment -debtor's suit for injunction, he has alleged that he continues in possession of property and that he should not be dispossessed except in due course of law. The Court has granted such a relief. The learned counsel for the respondent would state that after all if the execution petition was dismissed, the decree -holder himself will not be barred from applying for fresh execution. All that the Court has done is only to state that the defendant's possession shall not be disturbed except in due process. According to him, the petitioner cannot treat himself as aggrieved for the relief for injunction granted.

(2.) THOUGH the respondent/plaintiff wants to make the suit appear very simple, in my view, the suit for injunction itself is legally suspect. If the judgment -debtor has suffered a decree and he has filed also an application for setting aside the ex parte decree, he shall have an appropriate relief in his own application to set aside the ex parte decree. A separate suit for injunction is not simply warranted. Possession through court through bailiff after a decree is not the only method of taking possession. Getting a decree for possession is itself a lawful process. A judgment debtor, who has suffered a decree cannot immediately file a suit for injunction and ask for temporary relief of injunction. It is axiomatic that there can be no injunction against the execution of lawful decree in terms of Sections 41(a) and (b) of the Specific Relief Act, 1963. The said Sections are reproduced as follows: -