KARTAR CHAND Vs. TARSEEM LAL

JUDGEMENT

(1.) Instant appeal is directed against f dated 28.11.2011 passed by Learned Additional District Judge, Kathua in an application under Order 39, Rule 1 , 2 and 3 read with Sec. 151, CPC, for grant of ad interim injunction filed in a suit titled Tarsem Lal Vs. Kartar Chand, whereby defendant-appellant herein was restrained from interfering with the suit property except Kacha Kotha, which is in possession of one Manga Ram.

(2.) The facts in brief are that Tarsem Lal respondent herein filed a Suit for grant of decree for Specific Performance of Contract directing defendant-appellant herein to execute the Sale Deed in favour of plaintiff-defendant herein on the basis of Agreement to Sell dated 24th day of March, 2011, stated to have been executed by the appellant herein in favour of the respondent herein in respect of land described therein. In the suit it is alleged that vide Agreement to Sell dated 24th March 2011, Kartar Chand, appellant, agreed to sell 08 Marlas of land to respondent under Khasra 361 Min situated in Village Phalote Tehsil Kathua for a consideration of Rs. 80,000.00. It is further averred that full and final consideration of Rs. 80,000.00 was paid to said Kartar Chand at the time of execution of the Agreement to Sell and the possession of the land was handed over to respondent by the appellant. Along with the suit, an application also came to be filed by respondent in terms of Order 39, Rule 1 and 2 Civil Procedure Code praying therein for-restraining respondent from interfering with the suit property.

(3.) The defendant-appellant herein caused his appearance in the Court below and filed his Written Statement to the main Suit as well as objections to the Civil Miscellaneous Application. Thereafter, the Court below, as is evident from the record after hearing the learned counsel for the parties, decided the application for interim relief vide its order dated 28/11/2011, thus, restraining defendant (appellant herein) from interfering with the suit property, except Kacha Kotha, which is alleged to be in possession of one Manga Ram.