Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXIX, Rr.1 & 2---Specific Relief Act (I of 1877), S.12---Interim injunction---Grant of---Proof---Scope---Plaintiff filed suit for specific performance of an agreement to sell in respect of disputed property on the ground that he had paid earnest money in the sum of Rs.15,25,000 and an additional amount of Rs.2.4 million subsequently, for purchase of disputed property---Defendant contested suit on the ground that the plaintiff had failed to pay the balance amount despite having received legal notice and that the time was the essence of the agreement---Trial Court granted an interim injunction to the plaintiff---Validity---Agreement to sell was admitted by both parties and receipt of an earnest money was also not denied by the defendant---Whether or not time was the essence of the agreement required deeper probe which could only be undertaken after recording of evidence---Prima facie case in favour of the plaintiff had been made out---In case the defendant was not restrained from alienating the suit property during pendency of the suit the plaintiff would suffer irreparable loss and possibility of multiplicity of proceedings could not be ruled out---High Court dismissed first appeal in limine with clarification that the observations made in the order by High Court were only of a tentative nature and should not affect the merits of the case. Asad Mahmood Ahmad Khan for Appellant. ORDER IJAZ-UL-AHSAN, J.--- The appellant assails the order dated 12-9-2009 passed by a learned Civil Judge at Gujranwala, in a suit for specific performance. 2. It is averred in the suit that the parties had entered into an agreement for sale of immovable property. The agreed, price was a sum of Rs.4.5 million. It was alleged by the respondent that he had paid earnest money in the sum of Rs.15,25,000 which fact is not denied by the appellant. It is also not denied that the respondent is in possession of the suit property although the position taken by the appellant is that such possession was not given pursuant to the agreement to…

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