KAMLA KUMAR THAPAR Vs. VINOD KUMAR THAPAR

JUDGEMENT

(1.) THIS petition is directed against the order dated 10. 8. 1995 passed by the learned Additional District Judge, Ludhiana, whereby he allowed the appeal filed by respondent No. 1 against the order dated 15. 6. 1994 passed by the learned Sub Judge First Class, Ludhiana, dismissing his application for temporary injunction.

(2.) IT would be appropriate to set out a few facts in order to appreciate the rival contentions.

(3.) BY alleging that the defendant-petitioner had failed to perform his part of the agreement and was still threatening the plaintiff-respondent to interfere with his possession and also threatening to alienate his share in the property to third party, the plaintiff-respondent filed a suit for possession by way of specific performance of the agreement dated 11. 5. 1992 and for permanent injunction restraining the defendant-petitioner from interfering into the possession of the plaintiff. He also filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure and sought temporary injunction to restrain the defendant from alienating the property to any body else or to interfere with the possession of the plaintiff.