Case Note & Summary
The present matter is an interim application in a suit for specific performance of an agreement to sell and for permanent injunction. The plaintiff, Shishir Balkrishna Nevatia, filed the suit against his brother Dileep Balkrishna Nevatia and others, claiming that the defendant agreed to sell a property to him and that he was put in possession. The plaintiff sought an interim injunction to restrain the defendant from selling, alienating, or creating third-party rights over the suit property. The defendant opposed the application, denying the agreement and possession. The court examined the documents on record, including the agreement to sell and correspondence. It noted that the plaintiff's claim of possession was not supported by independent evidence and that the defendant had denied the same. The court held that the plaintiff failed to establish a prima facie case for grant of interim injunction. The balance of convenience was found to be in favor of the defendant, as the property was in the defendant's name and the plaintiff had not shown any irreparable loss. The court dismissed the interim application, directing the defendant to maintain accounts of any transactions concerning the property.
Headnote
A) Civil Procedure - Interim Injunction - Prima Facie Case - Balance of Convenience - Specific Relief Act, 1963, Sections 36, 37, 38 - Plaintiff sought interim injunction to restrain defendant from selling or alienating suit property - Court found that plaintiff failed to establish possession and that balance of convenience was in favor of defendant - Held that no interim injunction can be granted as plaintiff did not make out a prima facie case (Paras 1-10).
Issue of Consideration
Whether the plaintiff is entitled to an interim injunction restraining the defendant from dealing with the suit property pending disposal of the suit for specific performance.
Final Decision
The interim application is dismissed. The defendant is directed to maintain accounts of any transactions concerning the suit property.
Law Points
- Specific performance
- Interim injunction
- Balance of convenience
- Prima facie case
- Irreparable loss
- Possession
- Agreement to sell
