DARSHAN SINGH Vs. JASVINDER KAUR

JUDGEMENT

(1.) - This special appeal is directed against the order of learned Single Judge dated 15. 7. 1991 whereby the appellant-defendants have been restrained to sell, mortgage or otherwise transfer the land in question and has directed to pay or deposit Rs. 10,000/- from 16. 07. 1990 to 15. 07. 1991 and to continue to deposit or pay mesne profits at the same rate for the subsequent years till the disposal of the Suit.

(2.) BRIEF facts which give rise to this special appeal are that the respondent-plaintiff Jasvinder Kaur. filed a suit against the appellant-defendants Darshan Singh, Ajeet Singh and Niranjan Singh for specific performance with the allegations that on 6. 6. 1988 the defendants agreed to sell 15 1/2 bighas of their agricultural land situated in Squire No; 22 of Chak 9 P. S. Tehsil Raisinghnagar to her @ Rs. 18,500/- per bigha, a sum of Rs. 50,000/- was paid in advance to the appellant-defendants at the time of the execution of the agreement and the possession of vacant land of killa No. 5 was also handed over to her. It was also agreed that possession of the remaining part of the land will be delivered on 13. 4. 1989 and the remaining amount will be paid at the time of registration of the sale deed on 21. 04. 1989, after obtaining permission from the Collector. It was further alleged that a sum of Rs. 22,000/- was also paid to the appellant-defendants and an entry was made on the reverse side of the agreement on 2. 11. 1989 and time for registration was extended upto 5. 4. 1990 and on 18. 11. 1989 Rs. 12,000/- were further paid. On the agreed date, the appellant-defendants did not turn up for executing the sale-deed despite receiving Rs. 84,000/- in advance and executing the agreement. In the alternative, the plaintiff-respondent has prayed for a decree for a sum of Rs. 1,60,000/- as damages. The respondent-plaintiff also moved an application for grant of temporary injunction requesting to issue a direction to the appellant-defendants not to sell, mortgage or alienate the disputed land to any one and to restrain them from interfering with her possession. The appellant-defendants filed reply to the application admitting execution of agreement dated 6. 6. 1988 and receipt of Rs. 84,000/- but denied the delivery of possession to the respondent-plaintiff. The learned A. D. J. after considering the material on record, held that the respondent-plaintiff has not been able to prove a prima facie case and the balance of convenience and so also the irreparable loss in her favour and dismissed the application for injunction on 3. 7. 1990. Being aggrieved, the respondent-plaintiff filed miscellaneous appeal before this Court. The learned Single Judge allowed the same with the above direction.

(3.) THE said option and the direction of the learned Single Judge for depositing in the trial Court or paying to the plaintiff-respondent Rs. 10,000/- every year till the disposal of the suit will not prejudice either party during the trial and in the decision of the suit. THE time for depositing/paying the amount of Rs. 10,000/- for the period from July 16, 1990 to July 15, 1991 is extended till October, 1991.