Law:

Section:

Specific Relief Act (I of 1877)-------S. 42--Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for declaration and injunction---Plaintiffs earlier application for grant of interim injunction was disposed of by Court on undertaking given by defendants that they would not sell or dispose of specified piece of land over which plaintiffs were claiming rights of ownership---Plaintiffs' subsequent application, seeking fresh injunction and for attachment of defendants properties and their detention in prison for disobeying earlier order of Court---Dispute between parties related to title of plaintiffs as also identity of premises in question allocated to them---Plaintiffs, besides seeking relief of declaration and injunction were also praying for a money decree by way of damages---Such disputed questions could not be sorted out merely upon hearing arguments or consideration of affidavits and counter-affidavits---Defendants had however, .left a piece of land in terms of undertaking given by them before the Court--­Prima facie, therefore, there was no violation of undertaking given by defendants as incorporated in Court's earlier order---Since plaintiffs had yet to establish their title to premises in question, they were not entitled to temporary injunction at the moment---Applications for grant of fresh injunction and for attachment of defendant's property and detaining them in prison were thus, not maintainable in circumstances. ORDER In this suit the plaintiff claiming to have been allocated shop No.23-A on the ground floor of Panorama Centre have sought declaration of ownership and a declaration to the effect that Anexures TU and W dated 16-9-1982, 9-2-1977, and 24-10-1982 are forged. They have prayed for a direction against the defendant No.1 to execute a title deed in respect of the shop premises allocated to them. Besides the above reliefs the plaintiffs have prayed for a decree for Rs.51,60,000 as damages with interest of 14% per annum. Defendants in the written statement have pleaded that the shop premises were rented out to the plaintiffs on a monthly rental of Rs.274 which were surrendered and possession handed over to them vide Compromise…

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