BALRAJ SINGH Vs. PRITAM SINGH AND ANOTHER

JUDGEMENT

(1.) The challenge in the present petition is to an order dated May 17, 2007 passed by the Additional District Judge, Nawanshahr dismissing appeal filed by the petitioner for setting aside the order dated March 7, 2007 passed by Civil Judge (Senior Division), Nawanshahr vide which injunction application filed by the plaintiff-respondent was allowed.

(2.) The present proceedings arise out of a suit for specific performance filed by respondent-plaintiff against the petitioner- defendant alongwith an application under Order 39 Rule 1 and 2 read with Sec. 151 of the Code of Civil Procedure for interim direction. It is averred in the suit that petitioner had agreed to sell the property to the respondent-plaintiff for a consideration and received the earnest money of Rs. 10,50,000.00, while executing the agreement to sell. After executing the agreement, respondent- plaintiff was put in possession of the property. Infact there was an earlier litigation with regard to same property regarding possession between the parties. In a suit filed by the petitioner, for injunction against the respondent, raising the plea that after the execution of the agreement to sell, respondent was trying to dispossess the petitioner from the land in dispute went upto Honourable the Supreme Court, wherein it has been specifically recorded that the possession of the property in dispute was handed over by the petitioner to respondent. The order passed in the earlier proceedings between the parties by this Court is as under :

(3.) In my opinion, reference to authorities in the present set of circumstances would not be relevant. Once in an earlier dispute between the parties themselves, arising out of the interpretation of the same very agreement, it has been found upto Honourable the Supreme Court that possession of the land was delivered by the petitioner to respondent No. 1, there is no occasion for this Court to take a view different than what was taken earlier.