SARUP SINGH Vs. NIRMAL SINGH

JUDGEMENT

(1.) THE appellants have filed an application under order 39 Rule 1 with Section 151, Civil Procedure Code, praying that the respondent be restrained from alienating the suit land during the pendency of this appeal.

(2.) BRIEF facts of the case are that plaintiff-appellants filed civil suit No. 96/5. 1. 1991 for Specific Performance of contract averring that on 13. 12. 1990 the defendants entered into an agreement to sell the suit land to the plaintiff at the rate of Rs. 83,000.00 per Killa. The plaintiffs paid Rs. 50,000.00 as earnest money to the defendants. The remaining amount was to be paid at the time of execution of the sale deed, which was to be executed on or before 15. 6. 1991. The plaintiffs also alleged that after execution of the said agreement, the defendants started negotiating sale of the suit land with third persons. Plaintiffs also pleaded that they were/are always ready and willing to perform their part of contract. Hence,, they prayed for decree of Specific Performance of contract. In the alternative, they also prayed that a sum of Rs. 50,000.00 be refunded to them and also claimed 50 per cent as penalty.

(3.) PLAINTIFFS have filed this appeal challenging the said judgment and decree. During the pendency of the appeal they have filed the aforementioned petition to restrain the defendants from alienating the suit land to any third party.