Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 12---Civil Procedure Code (V of 1908), 0XXXIX Rr. 1 & 2---Suit for specific performance and injunction---Plaintiffs application for grant of temporary injunction was rejected---Validity---Dispute relating to allotment of . specific plot---Plot in question, was not transferred in .favour of plaintiff--­Question whether plaintiff was entitled to the plot in question, or on basis thereof to alternate plot on basis of sale agreement would have to be adjudicated upon after - recording evidence---Plaintiff before proving his entitlement to the allotment in question, would not be entitled to the grant of temporary injunction sought by him. ORDER This High Court Appeal is directed against an order dated 9-8-1989 passed by a learned Single Judge of this Court in Suit No.655 of 1989 upon C.MA. No.4152/89 declining the present appellant's/plaintiff's application under Order 39, Rules 1 and 2, C.P.C. for restraining the respondent No.l from transferring or parting with the possession of Plot No3, situated at Street No.27, Phase V, Defence Officers Housing Authority, measuring 600 sq. yards. The brief facts leading to the filing of the above appeal are that respondent No.l was allotted a plot of land, bearing No37, measuring 600 sq yards, situated in Phase IX, who entered into a sale agreement with the appellant on 19-7-1987. Before the aforesaid plot could have been mutated on the record of respondent No.2 authority on payment of the transfer fee and on payment of the membership fee for becoming an associated member, it seems that Phase IX was abandoned. After that in April, 1989 respondent No.2 invited applications from the allottees of Phase IX for the allotment of the alternate plots. Upon the aforesaid application, aforesaid Plot No.57, situated at 27 Street, Phase V, measuring 600 sq. yards was allotted to respondent No.l. It seems that respondent No.l declined to transfer the newly allotted plot to the appellant. Thereupon the appellant filed the…

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