DALPAT KAUR V. PRAHLAD SINGH AIR 1993 SC 276 (K. RAMASWAMY, J.)

FACTS

• The parties were litigating for the 4th round concerning the same subject matter.

• On June 14, 1979 the first appellant claimed to have entered into an agreement to purchase the residential house for of ₹ 51,000/-. He laid the suit for specific performance and the suit was decreed ex-parte. The sale deed was executed through court.

• Round 1 - The respondent's wife filed a suit seeking for temporary injunction from dispossession. The Trial Court rejected the application for ad interim injunction which was confirmed the High Court. Thereafter the suit was got dismissed for non-prosecution.

• Round 2 - The appellant filed Execution Application in which the respondent filed five unsuccessful objections which was confirmed by the High Court.

• Round 3 - Sons of the respondent filed a suit claiming the house to be a joint family property and for a declaration that the sale does not bind them and they sought for partition They also sought for ad- interim injunction.

JUDGMENT AND ANALYSIS (Principles of Injunction)

• The third condition also is that "the balance of convenience" must be in favour of granting injunction. The Court while granting or refusing to grant injunction should exercise sound judicial discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused and compare it with that it is likely to be caused to the other side if the injunction is granted. If on weighing competing possibilities or probabilities of likelihood of injury and if the Court considers that pending the suit, the subject-matter should be maintained in status quo, an injunction would be issued. Thus the Court has to exercise its sound judicial discretion in granting or refusing the relief of ad interim injunction pending the suit.

• If ultimately the respondent succeeds at the trial, they can be adequately compensated by awarding damages for use and occupation from the date of dispossession till date of restitution.

• The phrases "prima facie case," "balance of convenience" and "irreparable loss" are not rhetoric phrases for incantation, but words of width and elasticity, to meet myriad situations presented by man's ingenuity in given facts and circumstances, but always is hedged with sound exercise of judicial discretion to meet the ends of justice.