Point of Law: Section 52 of Transfer of Property Act, 1982, the rights of the appellants in the suit for Specific Performance against the Immovable property is protected under Section 52 of Transfer of Property Act, if any alienations are made during pendency of the suit.

JUDGMENT :

K.MANMADHA RAO, J.

The Civil Miscellaneous Appeal arises against the order in I.A No.35 of 2019 in O.S.No.12 of 2018 on the file of VI Additional District & Sessions Judge,-cum-Special Court for trial of offences against Women, Chittoor (for short “Court below”), dated 27.01.2020 dismissing the said Interlocutory Application with costs for grant of temporary injunction restraining the respondent/defendant from creating any encumbrances or alienating the petition schedule property in favour of third parties or between the parties till disposal of the main suit and also granted ad-interim injunction orders to that effect till disposal of the main suit.

2. The appellants herein are the petitioners in I.A., and the plaintiffs in the suit before the Court below. The respondent herein is the respondent in the I.A., and the defendant in the suit before the Court below.

3. The appellants herein filed O.S.No.12 of 2018 before the Court below against the respondent herein seeking grant of decree and judgment in favour of the plaintiffs, directing the defendant to receive the balance of sale consideration of Rs.2,00,000/- form the appellants and to execute a regular register sale deed conveying the plaint schedule mentioned property in favour of the appellants or in alternative to refund the advance amount of Rs.45,00,000/- to the appellants with interest at the rate of 24% p.a. from the date of filing of the suit till the date of recovery and costs. Pending suit, the appellants filed I.A No.35 of 2019 in the above said suit before the Court below for grant of temporary injunction, restraining the respondent/defendant from in any way creating encumbrances or from in any way alienating the plaint schedule mentioned property in favour of third parties or between parties till the disposal of the suit, on the ground that the respondent/defendant has agreed to sell the plaint schedule property for a sum of Rs.47,00,000/- and executed an agreement of sale on 11.11.2016 after receiving a sum of Rs.45,00,000/- as advance and agreed to receive balance sale consideration of Rs.2,00,000/- to execute regular registered sale deed in favour of the appellants or their nominee on or before 10.11.2018. The appellants were ready and willing to pay the balance of sale consideration of Rs.2,00,000/- to the respondent and to get registered sale deed, and the same was also intimated, but the respondent has been postponing the same for the reasons best known to them. Accordingly, the respondent failed to perform her part of contract without any reasons. The appellants got issued notice on 27.11.2017, but the respondent refused to receive the same. As the respondent is trying to alienate the schedule property, the appellants filed the above I.A. for temporary injunction.

4. Per contra, the respondent filed counter in the above said I.A., opposing the above said averments and pleaded that she has no need or necessity to sell the schedule property and the said house was constructed with the bank loan and also with the support of her brothers and other financial aid. It is also stated that agreement of sale is a rank forged one and the signature of the executants, in the agreement of sale dated 4.11.2016, do not belong to the respondent and the allegation that the appellants have paid Rs.45,00,000/- to the respondent under an execution of agreement of sale is false. She also stated that the plaint schedule property was already mortgaged with State Bank of India, V.Kota Branch for an amount of Rs.30,00,000/- and the house property for above Rs.75,00,000/- but not for Rs.47,00,000/- and the respondent has not received any notice on 27.11.2017.

5. According to the respondent, the 2nd appellant filed a private complaint before Judicial Magistrate of First Class, Palamaner and the same was forwarded to the V.Kota Police and later police have registered a case in Crime No.48 of 2014 on the ground of cheating against the respondent and her husband. The appellants ha