LexM/S. JULIEN EDUCATIONAL TRUST versus SOURENDRA KUMAR ROY & ORS.
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A B [2009] 15 S.C.R. 1260 M/S. JULIEN EDUCATIONAL TRUST v. SOURENDRA KUMAR ROY & ORS. (Civil appeal No. 8081-8082 of 2009) DECEMBER 02, 2009 [ALTAMAS KABIR AND CYRIAC JOSEPH, JJ.] Code of Civil Procedure, 1908: Or.-39, rr. 1and2 r/w s.151- Suit for specific perfonnance , C of contract - Prayer for interim injunction - Rejected by trial court - Appeal before High Court - Meanwhile suit property sold - Purchasers also implead as defendants and interim injunction granted by trial court - High Court setting aside interim injunction - HELD: From the materials on record a prima facie case has been made out by the appellant Trust D as to the agreement for sale, which has to go to trial - Whether _ .. there was a concluded contract or not between the appellant Trust and respondent nos. 1 to 8 is a matter of evidence and can only be gone into during the trial of suit - As regards balance of convenience, since the principal object of the E appellant Trust to acquire the suit property was to extend its school unit, if the suit property is allowed to be commercially exploited by raising multi-storeyed structures thereupon, the entire object of the suit filed by the appellant Trust wfl/ be rendered meaningless and the purpose for which the suit had F been filed would be completely defeated - Accordingly, order of High Court is set aside and it is directed that the respondents shall not alienate or encumber the suit prorc:rty or change the nature and character thereof till the c:isposal of the suit for specific performance filed by the apr:,1ant Trust G - Having regard to the peculiar facts of the case, trial court would dispose of the suit as early as possible - Interim injunction. H CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 1260 ' ' JULIEN EDUCATIONAL TRUST v. SOURENDRA 1261 KUMAR ROY & ORS. 8081-8082 of 2009. A From the Judgment & Order dated 15.5.2008 of the High Court of at Calcutta in F.M.A.T. No. 127 of 2008 with CAN No. 1002 of 2008. S.K. Mitra, Raja Chatterjee, G.S. Chatterjee for the B Appellant. C. Mukund, Pankaj Jain, Ashok Jain, Bijoy K. Jain, Dr. Kailash Chand, Amit Kasera for the Respondents. The following Order of the Court was delivered c ORDER 1. Leave granted. 2. The appellant herein, Julien Educational Trust, claims D >! to be a benevolent trust created by a registered Deed of Trust dated 30.07.1970 for the purpose of encouraging education and other allied activities. It claims to be registered under Section 12A of the Income Tax Act, 1961, and has its registered ---t office at 35E, Elgin Road, P.S. Bhowanipore, Kolkata-700020. E The appellant runs a reputed school, known as Julien Day School, at premises No. 4, Umananda Road and 35E, Elgin Road, P.S. Bhowanipore, Kolkata-700020, which are two ').. adjacent premises. The respondents are the joint owners of 15 Cottahs 8 Chittaks 29 square feet of land, including a three- F storied old dilapidated structure and garage and outhouses constructed thereon, being premises No. 3/1, Heysham Road, Police Station Bhowanipore, Kolkata. 3. Since the said land was adjacent to the school G premises, the appellant Trust was interested in purchasing the same for the purpose of expansion of the school. Pursuant ~ thereto, the appellant Trust entered into negotiations with the Respondents for purchase of the property, which was orally accepted by the Respondents joirrtry and serverally and the H 1262 SUPREM.E COURT REPORTS (2009] 15 (ADDL.) S.C.R. A parties agreed that the sale transactions would be completed in the follwing manner:- _.. .. ~· "(i) That the defendants will sell ·the suit property and the plaintiff shall purchase the same on a total B consideration price of Rs. 4, 15,_00,000/- (Rupees· Four Crores fifteen Lakh:> only). (ii) That the defendant No. 1 shall get a sum of Rs. 1,55,00,000/- (Rupees One Crore and fifty five lakhs) only towards the full and final consideration J. c price for sale of his undivided 1/3rd share in the suit property upon execution and registration of the Deed of Conveyance in respect of his undivided share in the suit property. D (iii) That the defendant Nos. 2 and 3 shall jointly get a sum of Rs. 1,30,00,000/- (Rupees On Crore and Thirty Lakhs) only towards the full and final )I. consideration price for sale of their undivided 1/3rd share in the suit property upon execution and E registration of Deed of Conveyance in respect o
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