BHIKHA RAM Vs. JAGDISH RAM

JUDGEMENT

(1.) This miscellaneous appeal is directed against order dated 03.08 2010 of Additional District Judge, Raisinghnagar passed in Civil Misc.Case No. 1/10 allowing the application preferred by the respondent/plaintiff under Order 39 Rule 1 & 2 of CPC.

(2.) The respondent/plaintiff filed a suit against the appellant/defendant for specific performance of the agreement to sell dated 22.09.2009 in respect of .063 hectare uncommand land out of total 177 hectare land of kila No. 1, Murbaba No.5. Stone No.188/ 374 in Chak No. 2 BLD (A) held by the appellant/defendant. The respondent/plaintiff also filed an application seeking temporary injunction in terms that the appellant/defendant be restrained from dispossessing him from the land in question forcibly and may not interfere with the cultivation of the land in his possession and further, to restrain the appellant from alienating the property in question to anybody else. The application was contested by the appellant/defendant.

(3.) After due consideration of the submissions of the parties, the court below found that the dispute raised by the respondent/plaintiff is bona fide and he has strong prima facie case in his favour and the balance of convenience is also in his favour. The court further arrived at the finding that if the temporary injunction prayed for is not granted, the respondent/plaintiff is bound to suffer irreparable loss inasmuch as, the very purpose of filing the suit shall stand frustrated. Accordingly, by the order impugned by way of temporary injection, the appellant/defendant has been directed to maintain the status quo with regard to the disputed land and has been restrained from alienating the disputed property to anybody else during the pendency of the suit. Hence, this appeal.