ARVIND KUMAR BAJAJ Vs. JEEBACHH LAL SAH

JUDGEMENT

(1.) This appeal is directed against the order dt. 25-3-1996 passed by the Court below in R.S.No. 22 of 1994 refusing to grant injunction restraining the plaintiff for making any construction or changing the present physical feature of the suit land.

(2.) The facts of the case, in brief, are that the plaintiff-respondents filed a suit for specific performance of contract alleging therein that the appellant had negotiated to sell the suit property described in Schedule I of the plaint for a consideration of Rs. 90,000/- on 10-11-90 and an advance of Rs.20,100/- was paid towards the total consideration of the land in suit. The plaintiffs have further claimed that the appellant in token of the said agreement issued a receipt of the amount received as an advance and also executed a Mahadhama, agreement for sale, on 9-5-1991. The plaintiffs respondents have further claimed in suit that on several occasions the defendants have received money towards the consideration of the said land for which kachha receipts were duly granted in favour of the plaintiff. The plaintiffs have also claimed that the suit 1 and, i.e. an area of 11 ft. north to south till the end of plot No. 1235 under khata No. 292 of mouja Nirmali, ward No.8 was given in possession to the plaintiff by the appellant.

(3.) It is alleged that although negotiation for sale of the land was made on 10-11-90 but the said agreement for sale was executed on 9-5-1991 and the present suit was filed on 5-5-1994. The plaintiffs have admitted in the plaint that in the agreement for sale no date was fixed for the execution of the sale dead, though the plaintiffs have claimed that they paid money towards the consideration of the sale of the land several times as per demand made by the defendant from time to time and only Rs. 12.501/- remained due to be paid towards the entire consideration money. It is further alleged that the defendant refused to execute the sale deed on 3-5-1994 for the said land.