Law:

Section:

Civil Procedure Code, 1908 (V of 1908)-- ----O. XXXIX, Rr. 1 & 2--Transfer of Property Act, 1882, S. 53-A--Temporary injunction, dismissal of--Suit for possession through agreement to sell--No proof of payment to alleged vendor--Question of availability of independent advice--Possession of land was not denied--Strong prima facie--Balance of convenience--Validity--Where and when he allegedly paid a huge consideration of amount to deceased, factum of pasting of photo of a fake lady on agreement to sell, showing her to be late, raises eyebrows, casting grave doubts on claim of plaintiff, especially when he is closely related to deceased--Mere possession would not entitle a plaintiff to grant of interim injunction--Possession of a person over a piece of land is one thing, and his possession under an agreement to sell is quite another--They did not commit any material irregularity in exercise of their jurisdiction--They adverted to each and every aspect of case and they made an appraisal of evidence, albeit tentatively, while coming to conclusion to deny relief of temporary injunction to petitioner. [Pp. 22 & 23] A, C & F Civil Procedure Code, 1908 (V of 1908)-- ----O. XXXIX, Rr. 1 & 2--Relief of ad-interim injunction--It is well-established law that while granting temporary injunction, Courts of law would also take into consideration whether petitioner has approached Court with clean hands or not--In other words, they would look to conduct of a party, and if same is not above board, grant of relief of ad interim injunction may be refused on such sole ground. [P. 22] B Civil Procedure Code, 1908 (V of 1908)-- ----S. 52 & O.XXXIX, Rr. 1 & 2--Agreement to sell--Grant of temporary injunction--Doctrine of lis pen dense embodied in Section 52, CPC is there to safeguard rights and interests, if any, of petitioner/ plaintiff--Petitioner would not suffer any irreparable loss in event of refusal of an injunction. [P. 23] D Injunction-- ----Discretionary jurisdiction--Unless all ingredients, namely, prima facie case, balance of convenience or irreparable loss are there and they concur in favour of a party, an injunction is not to be granted in routine.…

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