A.K.SINGH,J. - (1.) HEARD the learned Counsel for the appellant and the learned Counsel for the respondents.
(2.) THIS appeal is directed against the order dated 26.11.98 passed by the learned Additional District Judge, Raisinghnagar in civil misc. case No 14/95 Dula Ram v. Ramnath and Ors. whereby the application filed by the appellant -plaintiff under Order 39 Rule 1 and 2 C.P.C. read with Section 151 C.P.C. was rejected. The appellant's case is that the suit land was owned by Harnarr Singh and Harnam Singh had executed an agreement to sale in favour o1 the appellant. After the death of Harnam Singh, Jeet Kaur, Ram Nath and Jagir Singh succeeded to the estate left by Harnam Singh. Ramnatli (defendant No. 1, executed three agreements to sale in favour of the appellant and handed over the possession to the appellant in part performance of the contract of sale. It is also alleged by the appellant that Hardayal Singh (respondent No. 4) filed a suit for specific performance of contract to sale against Ram Nath, Jagir Singh and Jeet Kaur. That suit was decreed in terms of the compromise arrived at between the parties. The appellant after the passing of the decree in the above mentioned suit, filed three separate suits against Ramnath and other defendants for specific performance of contract to sale. The appellant also moved an application under Order 39 Rule 1 and 2 read with Section 151 C.P.C. praying that the defendants - respondents be restrained from taking action in pursuance of the decree dated 7.1.95 not to interfere with the possession of the plaintiff over the suit land. It was also prayed that the defendants be restrained from transferring the suit land to anybody during the pendency of the suit.
(3.) THE learned Additional District Judge after taking into consideration the facts and circumstances of the case and the submissions made at the bar by the counsels for both the parties rejected the applications filed by the appellant -plaintiff under Order 39 Rule 1 and 2 read with Section 151 C.P.C.;