Case Note & Summary
The dispute arose from a writ petition challenging an order of the trial court granting a temporary injunction in a specific performance suit. The petitioner, an agriculturist, was the original defendant in Special Civil Suit No. 333 of 2023, where the respondents, original plaintiffs, sought specific performance of an agreement dated 27.07.2021. The trial court granted a temporary injunction on 10.10.2024, restraining the petitioner from alienating the suit property. The petitioner appealed this decision, but the appellate court dismissed the appeal on 11.08.2026. The petitioner contended that the courts failed to consider the absence of a concluded contract and the plaintiffs' lack of readiness to perform their part of the agreement. The respondents argued that both courts had correctly found a prima facie case for the injunction. The court analyzed the evidence and found that the trial court had properly assessed the situation, noting that the defendant admitted to the agreement's execution and that the plaintiffs had not demonstrated their readiness to perform. The court referenced several precedents regarding the necessity of proving readiness and willingness in specific performance cases. Ultimately, the court dismissed the writ petition, affirming the lower courts' decisions and stating that the issues of contract conclusion and readiness would be determined during the trial (Paras 1-23).
Headnote
A) Specific Performance - Temporary Injunction - Prima Facie Case - Specific Relief Act, 1963, Section 16 - The court held that the plaintiff must establish a strong prima facie case for a temporary injunction in a suit for specific performance, which includes proving readiness and willingness to perform the contract. The trial court found that the defendant admitted the execution of the agreement, thus justifying the injunction (Paras 16-22).
Issue of Consideration
Whether the trial and appellate courts erred in granting a temporary injunction without establishing a concluded contract and the plaintiff's readiness and willingness to perform.
Final Decision
The court dismissed the writ petition, affirming the trial court's order granting a temporary injunction and the appellate court's dismissal of the appeal. The court found no jurisdictional error or perversity in the lower courts' decisions.
Law Points
- Specific performance
- temporary injunction
- prima facie case
- readiness and willingness
- Transfer of Property Act
- Civil Procedure Code
