Read Order: Ajay pal and Others v. Balwant Jain

Monika Rahar

Chandigarh, May 26, 2022: While dealing with a revision petition filed by the defendants in a suit for permanent injunction on the ground that without filing a suit for specific performance of the agreement to sell such suit for injunction is not maintainable, the Punjba and Haryana High Court has opined that the plaintiff is entitled to pray for temporary injunction as an additional interim relief.

The Bench of Justice Anil Kshetarpal held, “the plaintiff shall be entitled to pray for temporary injunction in the suit for specific performance as an additional interim relief.”

In this case, the plaintiff filed a suit for the grant of permanent injunction against the defendants (petitioners). The plaintiff alleged that defendants failed to honour the agreement to sell between the parties executed by the defendants.

An application filed by the defendants for dismissal of the suit on the ground of maintainability, was dismissed. Hence, the present revision petition was filed. 

The petitioners claim that in view of Section 41(h) of the Specific Relief Act, 1963, a suit for grant of injunction without filing a suit for specific performance of the agreement to sell is not maintainable. 

Per contra, the counsel representing the plaintiff informed the Court that a suit for specific performance of the agreement to sell was already filed and the plaintiff wished to withdraw the suit for the grant of injunction, particularly, when the suit for specific performance was filed. He submitted that the Presiding Judge was on a long leave, therefore, the suit could not be withdrawn. 

Thus, keeping in view the aforesaid facts, the revision petition was disposed of. The plaintiff was permitted to withdraw the suit for grant of injunction in order to prosecute the suit for specific performance of the agreement to sell. 

Thus, against this backdrop, the Court observed that the plaintiff shall be entitled to pray for temporary injunction in the suit for specific performance as an additional interim relief.

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