Law: Civil Procedure Code (V of 1908)

Section:

Civil Procedure Code (V of 1908)--- ---- 0. XXXIX, Rr. I & 2 --- Imposing terms on injunctive order --- Validity--Imposition of terms (as to deposit of balance price in a suit for specific performance of contract) for issuance of a temporary injunction for binding the owner from dealing with his property agreed to b~ sold by him was neither illegal nor unjust -or unfair ---Injunctive relief being of discretionary nature, Court passing an order for temporary injunction could regulate its exercise of discretion by imposing terms, for protecting legitimate rights of the parties. Fateh Muhammad v. Muhammad Hanif and another PLD 1990 Lah 82; Wiqar Avais v. Raja Muhammad Shaft Janjua and others 1992 CLC 8 Balquees Zaman Khan and others v. Tahir Mahmood Butt 1991 CLC 1507 Muhammad Ishtiaq Hussain and another v. Zulfiqar 1992 MLD 1699 and Shama Enterprises (Private) Ltd. v. Malik Ghulam. Sarwar and others 1989 MLD 21 rel. Abdul Maajid Sheikh for Appellants ORDER This first appeal was against an order of the trial Court dated 15-3-1993 passed in a civil suit for specific performance of an agreement to sell by which it prohibited pendent lite alienation of the land in dispute subject to deposit of balance price within two months of its order. Aggrieved of the condition imposed on the restraint, the plaintiffs have come up in appeal, It was urged that the trial Court was unauthorised to impose the condition for deposit of balance consideration as a condition precedent to issuance of a temporary injunction. Respondents agreed for sale of 628 Kanals, 12 Marlas of land at the price of Rs.1,40,000 per Killa in favour of the appellants. A sum of Rs.36 lacs was paid and several deeds of sales were executed. It is urged that the price already paid covered the sale price of about 224 Kanals. Since the respondents failed to abide by their agreement, a civil suit for specific performance was brought against them for completion of the sale of the remaining land upon payment of balance consideration. Alongwith the plaint, an application for temporary injunction was submitted to restrain the respondents from further alienating the land in dispute. By the impugned order, the trial…