Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Specific Relief Act, 1963–Sec. 41(h)–Rejection of application for granting the temporary injunction–Appreciation of–Plaintiff-appellant failed to prove his possession over the property–He took the stand that he was in possession the ground of oral agreement of sale–Such possession is per se illegal till he shows that he was willing or persisting the rights for specific performance of such agreement–Previously, he did not file any suit for possession–Prima facie possession of plaintiff-appellant has not been proved–Held, application was rightly dismissed.
