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ARUN KUMAR JHA
Bhutnath Singh – Appellant
Versus
Sanjeet Kumar – Respondent
Arun Kumar Jha, J.—The present petition has been filed under article 227 of the Constitution of India for setting aside the order dated 02.05.2023 passed by the learned ADJ 1st, Madhubani in Miscellaneous Appeal No. 13 of 2016 and also for setting aside the order dated 22.11.2016 passed in Title Suit No. 81 of 2011 as the injunction granted in Title Suit No. 81 of 2011 vide order dated 22.11.2016 has been affirmed by the learned appellate court in its order dated 02.05.2023.
2. Briefly stated, the facts of the case are that respondent no. 1 is plaintiff of Title Suit No. 81 of 2011 filed for specific performance of contract. The original defendant Durga Lal Rai was the father of the petitioners who died during the pendency of the title suit. The plaintiff has made averment in his plaint that the original defendant was in need of money for treatment of his wife and thus entered into talk with the plaintiff for purchase of scheduled property of the plaint for consideration amount of Rs. 4 lakh. As the plaintiff was only having Rs.3 lakh at that time, the plaintiff apprised the original defendant that after making arrangement for Rs. 1 lakh, he would get the sale deed executed and regi
A petitioner can be granted temporary injunction to prevent the alienation of property during the pendency of a suit for specific performance while establishing possession under a registered agreemen....
The appellate court emphasized that the trial court's dismissal of the injunction application was unreasonable, highlighting the necessity of establishing a prima facie case and balance of convenienc....
Injunctions in suits for specific performance may be granted based on prima facie cases, despite property sales to third parties, per Sections 19(b) of the Specific Relief Act and 37 of the Indian Co....
The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
A suit for injunction can be maintained based on possession derived from a registered agreement for sale, despite the absence of a formal sale deed.
The court clarified that a prima facie case requires a fair question giving rise to a triable issue, warranting injunction to prevent property alienation during litigation.
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