2013 AIR CC 244 (CAL) ::(2013) 1 ICC 87

Calcutta High Court

Hon'ble Judge(s): Harish Tandon , J

( A ) Specific Relief Act (47 of 1963) S. 37 , 22 — Application for injunction — Rejection of — Validity — Agreement for sale of immovable property — Petitioner paid Rs. 65 lakhs and balance sum was to be paid on execution of power of attorney — But opposite party refused to execute deed of conveyance and intended to sell it to third party — Application for injunction filed — Suit for specific performance with additional claim of refund of earnest money was already instituted — Merely additional claim for refund of earnest money would not disentitle him from relief of grant of injunction — Refusal to grant injunction, not proper. (Paras20232425262930)

( B ) Civil Procedure Code (5 of 1908) S. 96 — Appeal — Relief of injunction — Rejected on ground that plaintiff suppressed some facts — This finding was not made by trial Court — Court of appeal decided injunction application as full-fleded trial by making findings, which were not permissible — Court cannot make finding which has adverse impact on merit of suit at appellate stage — Hence, refusal to grant injunction by appellate Court, not proper. AIR 1993 SC 276 and 2005 (2) Calcutta High Court’s Notes 239, Rel. on. (Paras27282930)