IMPORTANT POINT
A plaintiff seeking specific performance must establish a prima facie case of a concluded contract, and unilateral actions without mutual consent do not suffice for granting an injunction.

JUDGMENT/ORDER

1. Heard finally at the stage of admission by consent of learned Counsel for both the parties.

2. The facts giving rise to the present appeal is as under : On 20/05/2021, oral agreement took place between the parties in presence of Dinesh Agrawal Broker and one Rajesh Bhuibhar. The plaintiff gave an amount of Rs.51,000.00 by way of earnest amount to the defendants and it was agreed that, the defendants will execute the sale deed within four months. All the material terms and conditions, which are usually agreed upon in any sale transaction, such as rate, amount of earnest money, period of sale deed, expenses for stamp duty and registration fees to be incurred by whom, T.D.S. to be deducted, relevant documents to be handed over to the plaintiffs etc., have been agreed between the parties and have been duly pleaded by the plaintiff.

3. The defendant further agreed to handover the copy of tax receipts, copy of release deed, Namuna -D and other documents relating to the said property before the agreed date of sale-deed. On 01/07/2021, defendants handed over the copy of release deed, executed by sisters of defendant Nos. 2 and 3 and assured to supply the remaining documents in short time. On 02/07/2021, plaintiff demanded copy of Namuna - D and other documents from the defendants. But the defendants informed that, they have applied for mutation in view of the release deed and the same will be received by them shortly and that they will supply the same to the plaintiff in short time.

4. On 26/07/2021, plaintiff published paper notice inviting objections, to the proposed sale deed from public at large, with the oral consent of defendants. On 01/08/2021, the plaintiff again requested the defendants to supply the copies of namuna - D and other documents. But, instead of supplying the same, the defendants gave an evasive reply. The defendants did not take any prompt objection to the above mentioned public notice and did not take any action against the plaintiff. On 09/08/2021, as the defendants were intending to create third party interest, the plaintiff published public notice in Dainik Bhaskar informing the public regarding agreement between plaintiff and defendants. On 12/08/2021, objection was published by the defendants to the above mentioned public notice. Therefore, on 25/08/2021, the plaintiff published written explanation in newspaper to the above objection published by the defendants. Furthermore on 14/09/2021, plaintiff issued legal notice to the defendants through advocate demanding documents, i.e., PAN Card and other documents so as to enable the plaintiff to deposit T.D.S. as required by Sec. 194IA of Income Tax Act, 1961, and deposit stamp duty, registration fees. On 17/09/2021, plaintiff transferred a huge amount of Rs.12,10,200.00 to agent Rupal Printers, for depositing the above amounts. On 18/09/2021, plaintiff purchased three demand drafts of Rs.53,90,200.00 drawn on Kotak Mahindra Bank in favour of the defendants. Accordingly, on 20/09/2021, plaintiff was present at the Office of Sub Registrar, Akola along with three demand drafts amounting to Rs.53,90,200.00 each. However, the defendants did not turn up, did not supply copies of documents and did not cooperate with the plaintiff.

5. On 21/09/2021, the plaintiff again sent a legal notice to the defendants thereby again requesting them to supply, copies of the PAN Card and other documents and also, to remain present on 27/09/2021 for execution of the sale deed in favour of the plaintiff. On 23/09/2021, belatedly, the defendants gave reply to the notice. On 27/09/2021, the plaintiff attended the office of Sub Registrar along with the broker and above three demand drafts. However, the defendant did not turn up, therefore, the plaintiff filed a suit for specific performance of contract, possession and injunction against the defendants, bearing Special Civil Suit No. 21/2022, in the Court of Joint Civil Judge Senior Division, Akola.

6. Along with the said suit,