Shankar Bhawan Nirman Sehkari Samiti Ltd. vs. Rajesh Kumar Tambi & Ors.

Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Specific Relief Act, 1963–Sec. 12–Denial from granting the temporary injunction–Defendant no. 1 had acquired the ownership of land after executing the agreement in favour of plaintiff –Plea of plaintiff that even the agreement was alleged to be forged, no action was taken by the defendant–Whether the entire consideration was paid or not and the plaintiff is having the possession are questions of facts, to be decided during the course of trial–Truthfulness and validity of alleged agreement can be decided after the evidence of parties–Held, trial Court committed error in concluding that the plaintiff failed to prove prima facie case–Impugned order is quashed and set aside and defendants are restrained from alienating or creating the third party rights over the suit property.