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1980 Supreme(P&H) 296

J.V.GUPTA
Satish Bahadur – Appellant
Versus
Hans Raj – Respondent


Judgment

1. This revision petition has been filed against the order of the trial court, dated 1st December, 1979, whereby the application for dismissing the suit for permanent injunction as having infructuous, was declined.

2. Hans Raj and others, plaintiff-respondents filed a suit for permanent injunction to the effect that defendant No. 1 Satish Bahadur, who is the owner of suit land, be restrained from selling, mortgaging, leasing, exchanging, gifting or transferring the same to Des Raj and Romesh Kumar defendants or any other person except the plaintiff because the defendant Satish Bahadur had entered into an agreement to sell the land in dispute to the plaintiffs vide agreement dated 15th April, 1978 which was required to be registered by 13th January, 1979.

3. The present suit was filed on 13th October, 1978. During the pendency of the suit, ad interim order of injunction was also passed against the defendants. It was on 27th January, 1979, the defendant-petitioners moved an application under Section 151 of the Civil P.C., in which it was stated that the present suit for permanent injunction which was filed on the basis of agreement dated 15th April, 1978 for which execution o





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