LAW FOR ALL

scope of Section 53A of Transfer of Property Act, 1882 and Order 2 Rule 2 of CPC. AT INTERIM STAGE NOT NECESSARY TO BE DECIDED ON ADMISSION OF POSSESSION OF PLAINTIFF IN BARE INJUNCTION SUIT = However, sale deed could not be registered as the registration was suspended by the Government and the defendant-respondents could not get clearance from the Urban Land Ceiling Authority. The plaintiff-appellant's further case was that although the sale deed was not registered, the entire sale consideration was paid to Defendant No.1 by the plaintiff who was put in possession of the suit property. = While granting temporary injunction the Civil Judge recorded the following reasons :- "From the allegations and counter allegations, it can be crystallized that plaintiff no.2 is in possession of suit schedule property and as such, the documents have been produced and even defendants admit the possession of plaintiff no.2. As regards the sale deed which is alleged to have been executed the same is seriously disputed document. Hence it need not be considered at this stage. The respective rights of the parties will have to be decided at the final disposal of the suit. At this stage, it is suffice to state that plaintiff no.2 is in possession of the property who has filed an affidavit stating that she is a tenant under plaintiff no.1 where as defendants have produced documents to show that she is tenant under them.= The Ld. Single Judge is of the view that though the plaintiff is ready and willing to perform her part of the contract, the fact that suit for bare injunction is filed without seeking leave under Order 2 rule 2 CPC reserving their right to sue for any other relief. According to Ld. Single Judge in the light of this, if the respondent is barred from claiming any relief of specific performance, the incidental relief of injunction would be unavailable to the respondents. 7. We have heard learned counsel appearing for the parties. In our considered opinion, the learned single judge has completely misconstrued the provisions of Order 39 Rule 1 and 2 CPC and has committed serious error in deciding the scope of Section 53A of Transfer of Property Act, 1882 and Order 2 Rule 2 of CPC. As noticed above the Civil Judge while granting ad-interim injunction very categorically observed in the order that respective rights of the parties shall be decided at the time of final disposal of the suit. The very fact that Plaintiff No.2 is in possession of the property as a tenant under Plaintiff No.1 and possession of Plaintiff No.2 was not denied, the interim protection was given to Plaintiff No.2 against the threatened action of the defendants to evict her without following the due process of law. In our considered opinion, the order passed by the learned single judge cannot be sustained in law. 8. For the aforesaid reasons, we allow this appeal and set aside the order passed by the High Court in the aforesaid appeal arising out of the order of injunction.