Temporary injunction principles: ad interim restraint refused where no prima facie case, irreparable injury, or balance of convenience was shown.

Temporary injunction is a discretionary, preventive remedy meant to preserve the subject matter of the suit until rights are decided, and it depends on a prima facie case, irreparable injury, and balance of convenience. Where the applicant fails to establish these requirements, and compensation in damages would adequately protect the claimant if successful, ad interim relief should be refused. The existence of a court-executed sale deed in favour of the appellant, the respondent's conduct, repeated refusal of interim relief by the courts below, and the effect of lis pendens on any alienation were material considerations. On those facts, the injunction was held unjustified and the trial court's refusal of interim relief was restored.

---

---

Issues: Whether the grant of ad interim injunction restraining dispossession was justified on the facts of the case.

Analysis: Temporary injunction is a discretionary, preventive relief intended to preserve the subject-matter of the suit till rights are adjudicated. Its grant depends on the existence of a prima facie case, likelihood of irreparable injury if relief is refused, and a balance of convenience in favour of preservation of status quo. The respondent's conduct, the existence of a court-executed sale deed in favour of the appellant, the availability of compensation in damages if the respondent ultimately succeeded, and the repeated refusal of interim relief by the courts below were material circumstances. Alienation, if any, would in any event be subject to lis pendens.

Conclusion: The grant of injunction was not justified; the trial court's refusal of interim relief was restored.

Ratio Decidendi: Ad interim injunction should be refused where the applicant fails to establish a real prima facie case, irreparable injury, and balance of convenience, and where adequate compensation can protect the applicant if the suit succeeds.

---