Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.l & 2---Temporary injunction, grant of---Suit for specific performance of contract on the basis of agreement to sell was filed by plaintiff/appellant---Execution of agreement was denied by defendant/respondent and alleged same to be result of fraud and forgery---Trial Court had refused interim injunction on 4he ground of non-existence of prima facie case in favour of plaintiff/appellant---Validity---Despite the fact a sum of Rs.17,50,000 was alleged to be received by the defendant/respondent, as an earnest money out of Rs.18,00,000 being the total consideration, no sale-deed was executed---Revenue Record also did not show any transfer of possession in favour of the plaintiff/appellant as claimed---Trial Court had rightly concluded that there did not exist any prima facie case for grant of injunctive relief---Order of Trial Court did not suffer from any error of law and the injunction was rightly declined in circumstances. JUDGMENT This order will dispose of F.A.O. No.67 of 1996, which calls in question order, dated 26-2-1996 of the learned Civil Judge, Jhang, whereby an application for temporary injunction was dismissed. 2. Appellant filed a suit for specific performance to enforce an agreement of sale. It was claimed that the respondent had agreed to sell land in issue, in favour of the appellant, vide agreement, dated 13-9-1992 for consideration of Rs.18,00,000 and received a sum of Rs.17,50,000. It was added that the sale­deed was not executed. An application under Order XXXIX, Rules 1 and 2, C.P.C. was also filed to restrain the respondent, pending decision of the suit, from making interference in the possession of the property or from alienating the same. 3. The suit and also the application-were resisted by the respondent, who denied the execution of the agreement and existence of sale transaction. It was maintained that the agreement was the result of fraud and forgery. 4. Learned Civil Judge, after considering the material on record, observed that there did not exist any prima facie case and, therefore, he declined interim relief. 5. No one has entered appearance on behalf of the appellant.…

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