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TMI Blog2016 (11) TMI 1690X X X X Extracts X X X X X X X X Extracts X X X X ..... t of earnest money in cash. The agreement does not contain any receipt clause. No separate receipt is also forth-coming from the side of the plaintiff showing payment of ₹ 65,00,000/- to the defendants; even the agreement does not contain any description of the notes by which such payment was tendered to the plaintiff - It cannot be held that a prima facie case has been made out by the plaintiff for going for trial. The learned Trial Judge did not commit any illegality by refusing to pass any ad interim order of injunction in such a suit - Appeal dismissed. - F.A.M.T. No. 955 of 2016 and C.A.N. Nos. 9211 and 10875 of 2016 - - - Dated:- 15-11-2016 - J. Bhattacharya and Ishan Chandra Das, JJ. For the Appellant : Mahendra Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterim injunction. 3. Considering such submission made by the learned Counsel appearing for the parties, we have decided to hear out the appeal on merit. 4. Let us now consider the merit of the instant appeal in the facts of the present case. 5. The plaintiff filed a suit for specific performance of contract. The plaintiff claims that he entered into an agreement for sale with the defendant Nos. 1 to 4 on 8th July, 2016 for purchasing the suit property for a consideration of ₹ 1,05,00,000/- (Rupees One Crore and Five Lacs only). It is alleged that at the time of entering into the agreement for sale, the plaintiff paid a sum of ₹ 65,00,000/- (Rupees Sixty Five Lacs only) towards earnest money. It is also alleged by the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal was filed. 9. We have considered the pleading's made out by the plaintiff in the plaint as well as in the injunction application. The agreement for sale which was allegedly entered into between the parties, has also annexed to the injunction application. The agreement was typed out on ten rupee Non-Judicial Stamp Paper. 10. Thus, we find that the agreement itself was typed out on insufficient Stamp Paper. Such an agreement for sale parse cannot be enforced unless the document is impounded. Impounding can be done only when the original agreement is tendered into evidence. 11. As such, we cannot consider the plaintiffs prayer for injunction at this stage where we find that the agreement was not transcribed on sufficient Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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