JUDGMENT : 1. Special leave granted. 2. According to the learned counsel for the respondent, the primary question involved in the suit is whether the auction sale is contrary to rule in so far as payment of ground rent is concerned. This is a question which shall be decided by the trial court. The respondent having participated in the auction sale on agreed conditions, is not entitled to the discretionary relief of interim injunction. We are, therefore, of the view that the High Court was not justified in granting the relief to the respondent. We allow this appeal, set aside the order of the High Court and restore that of the trial court as upheld by the appellate court. ' 3. Any payment made by the respondent shall be without prejudice to his rights finally determined in the suit. We direct the trial court to expedite the hearing of the suit and conclude it preferably within one year of the receipt of this order.