SANDEEP MEHTA,J. - (1.) The instant appeal has been filed by the appellant against the order dated 1.2.2006 passed by the learned Addl. District Judge No. 3, Jodhpur in Civil Misc. Case No. 17/2000 whereby the learned Trial Court allowed the application filed by the respondent plaintiff for temporary injunction under Order 39 Rule 1 and 2 C.P.C. and granted temporary injunction in his favour.
(2.) Facts in brief:- The plaintiff respondent filed a suit for specific performance of contract accompanied with application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. It was averred in the plaint that the defendant appellant Arjun Singh being Karta of the Joint Hindu Family executed an agreement to sell the suit premises in favour of the plaintiff respondent on 3.9.1998. A sum of Rs. 2 lacs was paid to the defendant on the very same day. The plaintiff was ready to fulfill his part of the contract but the defendants were avoiding to carry out the contract and were on the look out to transfer the property to some-one-else.
(3.) The defendant appellants filed a written statement and claimed that Arjun Singh was made to sign the agreement by keeping him in dark. As a matter of fact the document in question was got signed under the misconception that it was a declaration deed and Arjun Singh signed the same without being apprised of its consequences. It was further submitted that the defendants prepared declaration deed dated 3.9.1998 in favour of the plaintiff. As per the terms of the declaration deed it was agreed that the defendant would prepare a shop in term of the agreement before 1.12.1998 and shall hand the same over to the plaintiff. In furtherance to the agreement/declaration the plaintiff paid a sum of Rs. 2 lacs to the defendant Arjun Singh on 4.9.1998 but on the very next day i.e. on 5.9.1998, the amount was taken back pleading emergent personal necessity. As the plaintiff and the defendants were on good terms, the amount was returned back without doubting the bonafides of the plaintiff. The amount was returned in presence of Mangal Singh and Hari Singh. When the amount was not returned for a long period of time, the defendants made a demand from the plaintiff. The plaintiff gave them some post dated cheques.;