PYARELAL Vs. SUNIL KUMAR

JUDGEMENT

(1.) Appellant-Defendants have preferred this appeal under Order 43 Rule 1(r) CPC to assail order dated 16.03.2019, passed by Additional District Judge, Raisinghnagar, District Sri Ganganagar (for short, 'learned trial Court'). The learned trial Court, by the order impugned, partly allowed application of respondent-plaintiff under Order 39 Rule 1 & 2 CPC for grant of temporary injunction in a suit for specific performance of contract. While partly allowing the application for temporary injunction, learned trial Court has directed appellants not to alienate the suit property so as to create third party interest.

(2.) The facts, in brief, are that respondent-plaintiff instituted a civil suit for specific performance of agreement dated 02.02.2017 allegedly executed by appellants in his favour. In terms of the agreement, the appellants have agreed to sell shop No.162, admeasuring 10ftx20ft situated in Mochi Bazar, Ward No.23, Raisinghnagar, for consideration amount of 49 lakhs. The agreement also contained recitals that about the consideration amount appellants have received, i.e., earnest money to the tune of Rs.5 Lakhs, and thereafter, further acknowledgment for receipt of a sum of Rs.8 Lakhs followed by Rs.2 Lakhs. It is further averred in the suit that despite readiness and willingness of respondent-plaintiff, the appellants have not performed their part of contract by executing sale-deed in his favour. Along with the suit, an application under Order 39 Rule 1 & 2 CPC is also filed praying therein temporary injunction. The application for temporary injunction is contested by appellants with a specific plea that agreement to sale is ex-facie spurious document. The learned trial Court, after examining the matter, more particularly, the requisite ingredients for grant of temporary injunction, recorded its finding that respondent-plaintiff has been able to prove prima facie case and two other necessary ingredients for grant of temporary injunction. With this finding, learned trial Court allowed application for temporary injunction and directed the appellants not to alienate the suit property so as to create third party interest.

(3.) I have heard learned counsel for the parties and perused the impugned order.