SATWINDER SINGH Vs. SWARAN SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order passed under Order 39 Rules 1 & 2 of the Code of Civil Procedure dismissing an application moved by the petitioners for restraining the defendants from alienating plot No. 2385, Phase XI, Sector 65, Mohali by way of sale gift mortgage or any other manner.

(2.) THE plaintiff set up a case that he had entered into an agreement to sell with defendant No. 1 for a sum of Rs. 14,25,000/-. It was the case of the plaintiff that it was also agreed that along with Rs. 14,25,000/- plus paid up amount up to date would also be paid. Defendant No. 1 was, therefore, to pay a sum of Rs. 14,25,000/- plus Rs. 38,750/- out of which a sum of Rs. 4,00,000/- was paid as earnest money by defendant No. 1 to the plaintiff and the remaining amount was to be paid on or before 15.6.2001. The plaintiff claimed that a cheque for Rs. 26,000/- was also given but the said cheque was dishonoured due to insufficient funds. Thus, only the amount of Rs. 4,00,000/- i.e. the earnest money stood paid. Property was got transferred in the name of defendant No. 1 on an application moved for permission to transfer the said plot. It is the case of the plaintiff that defendant No. 1 got collected the permission later directly from the office of Punjab Urban Development Authority and no further payment was made.

(3.) LEARNED trial court came to the conclusion that the suit raises triable issues, thus, a prima facie case is made out in favour of the plaintiff. It also held that the plaintiff would suffer irreparable loss if the injunction is not granted in his favour. Consequently, the application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was allowed.