CPC O. 39. R. 1, 2 – Suit for specific performance – Injunction granted

cpc O. 39. R. 1, 2 – Suit for specific performance is pending before the trial Court, we can consider the materials before us and the arguments advanced only for the limited purpose of deciding the question of granting interim orders during the pendency of the suit – Satisfied from the materials on record that a prima facie case has been made out by the appellant Trust as to the agreement for sale which has to go to trial –  Whether there was a concluded contract or not between the appellant Trust and the Respondents a matter of evidence and can only be gone into during the trial of the suit –  Although, it has been submitted that loss, if any, to the appellant Trust could be compensated in terms of money, the said submission does not appear to hold good in the instant case – Equally important is the question of balance of convenience and inconvenience since the principal object of the appellant Trust in wanting to acquire the suit property was to extend its school unit at Kolkata – If the suit property is allowed to be commercially exploited by raising multi-storyed structures thereupon, the entire object of the suit filed by the appellant Trust will be rendered meaningless and the purpose for which the suit been filed would be completely defeated – interim order is required to be passed to maintain the status quo of the suit for specific performance, but at the same time appropriate directions should also be given so that the suit is disposed of expeditiously.

2009 PLRonline 0007