suit for injunction is not maintainable,when plaintiff has failed to claim relief of specific performance of contract
Plaintiff who is transferee under the agreement of sale failed to perform his part of contract i.e., in paying the balance of sale consideration to the transferors i.e., the appellant herein. Hence, the plaintiff is not entitled to claim protection under Section 53-A of the Transfer of Property Act on the basis of part performance of the contract. suit filed for permanent injunction only without seeking the relief of specific performance of the agreement of sale is barred under Order 2, Rule 2 of the Civil Procedure Code. I am inclined to follow the decision of this Court especially in view of the fact that the relief of injunction is an equitable relief and the same cannot be granted when the plaintiff has not established his readiness and willingness to perform his part of the contract and failed to seek the relief of specific performance of the agreement of sale. Hence, the plaintiff's suit is not maintainable for the reason that the plaintiff has not sought for the relief of specific performance of the agreement of sale."
Andhra High Court
Chellingi Narayanamurthy ... vs Chillingi Satyanarayana And ... on 27 June, 2007
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