SURENDRA KUMAR BAID Vs. RAJENDRA KUMAR BAID

JUDGEMENT

(1.) SURENDRA Kumar Baid, appellant herein who is defendant in the suit filed by Rajendra Kumar Baid the, plaintiff-respondent herein the challenged the order dt. 27. 10. 99 (impugned in the appeal) passed by Addl. District & Sessions Judge No. 2 Jaipur in Civil Misc. Application No. 70/98 (121/98) whereby the application under Order 39 Rules 1 & 2 C. P. C. filed by the plaintiff for granting interim injunction was allowed.

(2.) THE plaintiff filed a suit for Specific Performance of the agreement dated 15. 12. 1983 executed with the defendant-appellant regarding an immovable property, for recovery of its maintenance charges and permanent injunction in the Court of District Judge, Jaipur City, Jaipur on 30. 7. 98. Alongwith the plaint an application for grant of temporary injunction under Order 39 Rules 1 & 2 C. P. C. was also filed. THE said application was allowed by the trial Court vide order dt. 27. 10. 99 (impugned) restraining the defendant not to transfer, alienate or dispose of the property in dispute pending hearing and final disposal of the suit. THE relief sought for in the suit was for specific performance of the agreement in question for sale consideration of Rs. 40,000/- which the defendant is purported to have received from the plaintiff for handing over the peaceful possession of the property to the plaintiff.

(3.) IN para 2 of the application filed under Order 39 Rules 1 & 2 CPC it has been further contended that the property in dispute had been purchased in the name of the defendant who was minor at the time of execution of the sale agreement. The property was registered in the office of Sub Registrar, Jaipur vide Registration No. 1776 on 17. 6. 74. On attaining the age of majority, the defendant decided to sell the property and since the plaintiff was his real elder brother, taking all the circumstances into view, he decided to execute the sale agreement in his favour on 15. 12. 83 against the sale consideration of Rs. 40,000/ -. IN the prayer clause it has been prayed in the application that the defendant be restrained not to transfer, sell or alienate the property in question to anyone else pending hearing ad disposal of the suit.