Law:

Section:

Civil Procedure Code (V of 1908)--- ----0. XXXIX, Rr.1 & 2---Specific Relief Act (1 of 1877), S.12---Grant of temporary injunction during pendency of suit for specific performance of agreement for sale of property---Direction for depositing balance amount of consideration by Trial Court, when justified. Undisputedly, power to issue temporary injunction during the pendency of a suit is in the discretion of the Court and while exercising that discretion, it is open to a Court to impose conditions subject to which it would grant temporary injunctions. However, in a suit for specific performance the grant of temporary injunction should not always and invariably be made subject to the deposit of the balance amount of consideration by the plaintiff. No such general rule can be laid down. On the other hand, the question as to whether or not condition of any nature should be imposed while issuing temporary injunction would depend upon facts of each case. If prima facie it is shown that the plaintiff has always been ready and willing to perform his part of the contract and also that he has not derivod any benefit under the agreement, there would be hardly any justification for directing that he should deposit the balance amount of consideration especially when possession of the property is with the opposite side.'If, however, conduct of the plaintiff is not free from doubt or he has been deriving some benefits under the agreement, the Court will be justified in calling upon him to deposit balance amount of consideration as a condition for grant of temporary injunction. In the present case, the plaintiff has been acting negligently and has been delaying the completion of the sale without any justification. It is not disputed that the sale-deed itself could not have been registered at a point of time as the plaintiff was not in possession of the entire amount of consideration. Despite notice issued to the plaintiff requiring him to complete the transaction, he did not have the sale=deed registered. That being so, no possible exception could be taken to the condition imposed by the Trial Court. Shaikh Muhammad Taqi v. Muhammad Anwar Khan Ghauri 1983 CLC 1085; Fateh…

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