AKSHAYA RESTAURANT Vs. P ANJANAPPA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides. Admittedly the respondents are owners of the land measuring 5 acres 39 guntas in Bhoopasandra village, Kasaba Hobli, Bangalore North Taluk. An agreement dated 25-1-1991 was entered into between the appellants and the respondents. On the basis thereof the appellants filed a suit for perpetual injunction restraining the respondents from interdicting with his possession and further activities thereon. The written statement was filed taking certain stands. In paragraph 6 of the written statement, the respondents have stated thus:

(3.) The trial Court dismissed the petition holding that it is not open to the respondent to explain whether the agreement entered into was an agreement of sale or for mutual benefit since the agreement was subsilentio in that behalf. The High Court C. R. P. No. 5246/91 by judgment dated 6-9-1994, allowed the amendment. Thus this appeal by special leave.