(1.) THE defendant-appellants have preferred this Regular First Appeal under Section 96 of the Code of Civil Procedure challenging the impugned judgment and decree dated 2nd May, 2005 passed by the Additional District Judge No.5, Jaipur City, Jaipur, whereby the learned trial court decreed the Civil Suit No.116/2004 of the plaintiff-respondent No.1 for specific performance of the agreement dated 19th May, 2004 and permanent injunction.
(2.) BRIEFLY stated the facts of the case giving rise to this appeal are that plaintiff-respondent No.1 N.K. Gupta filed a suit for specific performance of the agreement dated 19th May, 2004 (Exhibit-1), possession and permanent injunction in the Court of District and Sessions Judge, Jaipur City, Jaipur against the defendant-appellants and the defendant-respondent No.2, which was transferred for disposal to the Court of Additional District Judge No.5, Jaipur City, Jaipur.
(3.) IT was further pleaded in the plaint that due to the threatening given by the defendants No.1 to 3 to the plaintiff on 28th July, 2004 and 10th August, 2004 to the effect that, on account of price hike of the disputed land, they would sell it to some other person and, as such, the plaintiff was compelled to file a suit for permanent injunction immediately, which was filed against the defendants No.1 to 3 in the trial Court on 25th August, 2004 with the prayer that by way of permanent injunction, the defendants No.1 to 3 be restrained from transferring the said plot by means of sale-deed, mortgage, gift or in any other manner and they should not handover the possession thereof to anyone. It was also pleaded that the defendants filed their written-statement to the suit for injunction wherein they specifically admitted in Para 11 thereof that they gave threatening to the plaintiff on 28th July, 2004 and 10th August, 2004 that they would sell the disputed property to some other person, which shows dishonesty on the part of the defendants No.1 to 3 and, as such, the plaintiff is entitled to get a decree of specific performance of the agreement dated 19th May, 2004, as well as possession of the disputed plot. The plaintiff also filed an application for temporary injunction bearing No.65/2004 along-with the suit for injunction but the same was dismissed vide order dated 28th October, 2004 on the ground that the plaintiff has an alternative and effective remedy by way of suit for specific performance, therefore, the present suit for specific performance is being filed immediately.
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