Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Specific Relief Act, 1963–Sec. 12–Prayer for granting the temporary injunction–Denial from granting–Justification–Suit for specific performance of sale agreement–Only because a person has paid the meager amount against the sale consideration cannot be a ground to give a finding that no prima facie case is made out–It is to be seen that whether the pleadings and material facts placed by the plaintiff have some substance or not–Appellant served the notice to accept the remaining sale consideration amount and get the registered sale deed executed in his favour–Prima facie case is existed–Defendant has sold the land to the third party who is planning for a residential colony–Possibility of sale of land to many persons and change in future use of land–The fact of stating that the original land owner is Commissioner of Income Tax shows that he is trying to put the appellant in the fear–Plaintiff is entitled for getting the order of temporary injunction as prayed.
