BISHAMBER DAYAL Vs. HARISH CHAND AND OTHERS

JUDGEMENT

(1.) DISOBEDIENCE of the order of this Court of October 15, 1985, restraining the Respondents from alienating the land in suit or changing the nature of the property is what is complained of in this application under Order 39 Rule 2 -A of the Code of Civil Procedure.

(2.) THE matter here arises from a suit for specific performance filed by the Plaintiff -Bishamber Dayal against Respondent 1 Harish Chand and Respondents 2 to 6. This suit being founded upon an agreement for the sale of 17 kanals of land in Faridabad executed by the Respondent -Harish Chand in favour of the Plaintiff Bishamber Dayal on March 12, 1980. Under this agreement, a sum of Rs. 25,000/ - was paid as earnest money.

(3.) THIS was the situation, when the Plaintiff -Bishamber Dayal filed the suit for specific performance on December 22, 1982 against Respondents 1 to 4 to enforce the March 12, 1980 agreement for sale. The trial court dismissed this suit on March 22, 1985, but with the specific finding that the sales made by Respondent -Harish Chand to Respondents 2 to 6 were vague. This dismissal of the suit was later challenged in appeal, but that too was dismissed on August 1, 1985 and this is what led to the filing of the present Regular Second Appeal in this Court