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Civil Procedure Code (V of 1908)-----------O. XXXIX, Rr.l & 2---Interim injunction, grant of---Suit for specific performance was filed by plaintiff on the basis of an agreement to sell--­Authenticity of agreement was under challenge---Trial Court had restrained the defendant from alienating the suit property---Contention of the defendant was that the injunction order could have been passed, subject to the deposit of balance amount---Validity---Held, had the execution of agreement been admitted and possession been with the defendant there could be some force in the contention of the defendant---Order of the Trial Court was upheld with the modification that the plaintiff was directed to deposit 1/3rd of the sale consideration. ORDER Instant appeal is directed against the order, dated 21-10-1998 passed by the Civil Judge, Shakargarh District Narowal whereby he accepted application under Order 39, Rules 1 and 2 read with section 151, C.P.C. and restrained the defendant/appellant from further alienating the suit property during the pendency of suit. 2. Briefly stated the facts are that the appellant/defendant entered into an agreement to sell, dated 13-10-1997 with the respondent/plaintiff, whereby the former agreed to sell land measuring 24 Acres and 4 Kanals alongwith a Kothi/ Bungalow for a sum of Rs.20 lac and received Rs.60,000 as earnest money. It was agreed that the remaining amount shall be paid at the time of execution and registration of sale-deed. The stipulated period for the execution of sale-deed was fixed 30th June, 1998. The respondent/plaintiff approached the appellant/defendant for the execution of sale-deed, but he kept on postponing the execution of sale-deed on one pretext or the other. As such he was constrained to file suit for possession of land through specific performance of agreement. 3. Alongwith this suit, the respondent/plaintiff moved an application under Order 39, Rules 1 and 2 read with section 151, C.P.C. restraining the appellant/defendant from alienating or disposing the suit property during the pendency of this suit. 4. The appellant/defendant also filed a suit for declaration challenging the agreement to sell, dated…

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