Temporary injunction in specific performance dispute protects disputed land from further alienation pending trial.

A temporary injunction may issue in a specific performance dispute where the plaintiff shows a prima facie contractual claim, the balance of convenience favours preserving the property, and further alienation would cause irreparable harm or multiply litigation. The Court treated the alleged agreement to sell and the subsequent transfer of part of the land as sufficient to justify interim protection, while leaving the bona fides of any transferee for evidence at trial. It also emphasised that merits should not be finally prejudged at the interim stage. On that basis, restraint against further alienation of the disputed land was granted pending disposal of the suit.

---

---

Issues: Whether temporary injunction should be granted restraining further alienation of the suit property pending disposal of the specific performance suit.

Analysis: The agreement to sell in favour of the plaintiff, the subsequent sale of a part of the contracted land, and the pleaded risk of further alienation raised a triable claim requiring adjudication. The Court applied the settled principles governing temporary injunction, namely the existence of a prima facie case, balance of convenience, and likelihood of irreparable injury. It found that the plaintiff had shown a prima facie claim under the agreement to sell, that further transfers would multiply litigation and disturb the subject matter of the suit, and that the question whether the transferee was a bona fide purchaser was a matter for evidence. The Court also held that at the interim stage the merits were not to be finally prejudged.

Conclusion: Temporary injunction was warranted and was granted to restrain alienation of the relevant parcels of land till disposal of the suit.

Final Conclusion: The revision succeeded and the interim protection sought by the plaintiff was extended against further alienation of the disputed land pending trial.

Ratio Decidendi: A temporary injunction may be granted where the plaintiff shows a prima facie enforceable contractual claim, the threatened alienation would defeat effective relief or multiply litigation, and the question of bona fide purchase must await evidence.

---