N.N. Mithal, J. - (1.) In this F.A.F.O. order of temporary injunction passed by the Civil Judge, Orai on 3-8-87 has been called in question. The facts of the case in so far as they are relevant for our purposes are that in village Baghara district Jalaun appellant has a sewerage farm in plot Nos. 216 & 220 to 241 admeasuring 86 acres in all. Tenders were invited by the appellant for use of the aforesaid land for the years 1985-86, 1986-87 and 1987-88 for carrying out agricultural operations. Plaintiff-respondent's tender at the rate of Rs. 530-0 per acre per year was accepted by the Executive Engineer and it was followed by an agreement dated 5-6-1986 (Annexure '3' to the appellants' affidavit).
(2.) Admittedly the plaintiff respondent entered into possession over the land in question and during the year 1985-86 and 1936-87 carried on agricultural operations without any let or hindrance by the appellants. It is also admitted that during this period a total sum of Rs. 91,160.00 was deposited by the respondent. Details of payment are mentioned in paragraphs 4 & 5 of the supplementary counter affidavit filed by the respondent. According to the respondent the appellants published a notice inviting fresh tenders for the years 1987-88 on 27-5-87. It was in violation of the agreed terms and consequently the present suit was filed. The respondent also moved an application for ad-interim injunction which has been allowed.
(3.) Sri Tandon, learned counsel for the appellant has submitted that the order of the court below suffers from serious illegalities and the court even failed to consider the question of balance of convenience and likelihood of irreparable injury while disposing of the injunction application.;