- (1.) JUDGEMENT :- This is an appeal against the order of District Judge, Jaipur District, Jaipur, granting an injunction against the defendant appellants, restraining them from selling the land of Khasra Nos. 1111 and 1112 and from making any constructions, and further directing to maintain the status quo.
(2.) The plaintiff-respondent filed a suit for specific performance on the basis of an agreement by the appellant in favour of the plaintiff-respondent. The first agreement was dt. 12-7-75 by which the defendants agreed to sell land measuring 6 Bighas and 12 Biswas out of Khasra No. 1111 for a sum of Rs. 1,85,000/- and a sum of Rs. 100/- was given in advance. It was further agreed that as soon as the respondent Society paid a sum of Rs. 50,000/-, the possession of the property I would be handed over to the Society. The time given in the agreement was of six months. Since the respondent Society could not pay the amount, the time was extended initially up to 31-12-76 and again up to 31-12-78. On 28-12-78, another agreement was executed by which the appellants agreed to sell the land to the respondent Society on the same terms, except the portion of land measuring 56' X 80' on the South-West corner preserved for Satsang Bhawan and the portion on the North-East corner where there was a well and pump set installed. The land was enclosed by barbed wires. A map was also enclosed along with the agreement. On 15-4-79, the possession of the land as mentioned in the agreement dt. 28-12-78 was also handed over to the Society through another written 'RUKKA'. The defendants also signed the site plan in token thereof. The total sum of Rs. 1,29,950/- was paid on different dates by the Society to the defendants. On 21-4-80, a notice was sent by the respondent Society to the defendants that it had come to their notice that out of the land the possession whereof has been handed over to the respondent Society, land measuring 2 Bighas 16 Biswas belonged to Khasra No. 1112. A detailed reply to this notice was given by the defendants in which they explained the whole situation as to under what circumstances they have entered into an agreement with the plaintiff society. The present suit was filed by the respondent Society for specific performance on 29-6-83.
(3.) An application under O.39, Rr.1 and 2 CNC read with S.151, CPC was also filed along with the plaint on 29-6-83 and the trial Court passed an ad interim order on 30th June, 1983 that the defendants should not sell the property shown by Red colour in the plaint nor they should make any constructions thereon.;