JUDGMENT:- A common question about the necessity of granting a temporary injunction to restrain a defendant from creating third party interests/alienating the property pending suit, in the face of provisions of Section 52 of the Transfer of Property Act, 1882 (hereafter referred to as "the T.P. Act") has been raised in these appeals. It was ably argued by learned counsel for the parties therein, unfolding various facets of the question. Before adverting to the factual aspects, it would be useful to first deal with this question.

2. It is common for plaintiffs in suits related to property to seek temporary injunction only to restrain defendant from alienating the property or creating third party interests, during the pendency of the suit. Such prayers are made mostly in suits for partition and separate possession of shares in joint family property, suits for specific performance of an agreement of sale, development agreement, suits by plaintiffs in possession of property, seeking to avoid a transfer either executed or to be executed, or suits by plaintiffs not in possession of the property transferred to them, where transferor repudiates the transfer, and the like.

3. In such cases, w

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