LAW FOR ALL

Section 41(h) of Specific Relief Act= Section 41(h) provides that an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding. The relief of specific performance is equally efficacious, rather more efficacious, remedy than the suit for injunction simplicitor.= when remedy of a suit for specific performance is available to the plaintiff, he :8: 616.10.ao.j cannot file a suit for injunction simplicitor nor he can claim temporary injunction in pending suit for injunction simplicitor. 10 In the present case the plaintiff could have filed suit for specific performance of the contract as soon as he found that defendant no.1 had repudiated contract and was trying to dispose of the property to somebody else. The plaintiff filed the suit on the basis of the agreement allegedly executed by defendant no.1 in his favour and that agreement shows that consent terms in the earlier suit were accepted and defendant no.1 was entitled to retain and dispose of the premises. The defendant no.1 denies execution of this agreement. When pleadings of the plaintiffs show that there was no impediment in filing suit for specific performance, now he cannot say that because of the earlier suit he could not file suit for specific performance. These aspects were not considered by the trial court while granting temporary injunction in favour of the plaintiff. 11 In view of the above circumstances, as the suit for injunction simplicitor itself is not tenable in view of Section 41(h) of the Specific Relief Act, the plaintiff is also not entitled to temporary injunction pending the suit.