M/S. JULIEN EDUCATIONAL TRUST versus SOURENDRA KUMAR ROY & ORS.

M/S. JULIEN EDUCATIONAL TRUST versus SOURENDRA KUMAR ROY & ORS.

A prima facie case is established regarding the agreement for sale warranting trial. Interim injunction is justified to preserve suit property and prevent defeat of the suit’s object, as balance of convenience favours the appellant; irreparable loss would occur if property is commercially exploited pending suit. Respondents are restrained from alienating or altering property until disposal of the suit.

Parties
Appellant: M/S. Julien Educational Trust; Respondent: Sourendra Kumar Roy & Ors. (Nos. 1-8); Respondent: Subsequent Purchasers (Nos. 9-11)
Jurisdiction
India
Judgment Date
02 December 2009
Procedural Posture
Civil Appeal / Appeal Against High Court Order Setting Aside Interim Injunction
Outcome
appeal allowed
Legal Topics
Specific Performance of Contract, Interim Injunction, Balance of Convenience
Civil Procedure Specific Performance of Contract Interim Injunction Balance of Convenience

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Parties

M/S. Julien Educational Trust

Appellant

Sourendra Kumar Roy & Ors. (Nos. 1-8)

Respondent

Subsequent Purchasers (Nos. 9-11)

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order Setting Aside Interim Injunction

Legal Issues

  1. 1 Whether a prima facie case for specific performance exists based on an alleged oral agreement for sale.
  2. 2 Whether an interim injunction restraining alienation or alteration of suit property should be granted during pendency of suit.
  3. 3 Assessment of balance of convenience and irreparable injury.

Ratio Decidendi

A prima facie case is established regarding the agreement for sale warranting trial. Interim injunction is justified to preserve suit property and prevent defeat of the suit’s object, as balance of convenience favours the appellant; irreparable loss would occur if property is commercially exploited pending suit. Respondents are restrained from alienating or altering property until disposal of the suit.

Court Disposition

appeal allowed

Orders

  • Order of High Court setting aside interim injunction is set aside.
  • Respondents shall not alienate, encumber, or change nature and character of suit property till disposal of suit for specific performance filed by appellant Trust.