ASHWINKUMAR K PATEL Vs. UPENDERA J PATEL

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal by the pLalntiff in the suit and arises out of an application for grant of temporary injunction filed under Order 39 Rule 1, C.P.C. by the pLalntiff-appellant. Suit No. 337 of 1996 is now pending in the Court of the Civil Judge (S.D.), Baroda. The trial Court granted temporary injunction (wrongly described as permanent injunction) by order dated 2-8-1997 restraining interference with the appellants possession in respect of 8,138 sq. metres in Survey Nos. 224 and 246 of Akota, Baroda District. On appeal by defendant 15 to 19, the High Court of Gujarat by orders dated 23-2-1998 in A. O. No. 409 of 1997, allowed the appeal and remitted the matter to the trial Court and directed that meanwhile, the status quo on the spot be maintained. Defendants 1 to 14 support the pLalntiff.

(3.) It appears that defendants 1 to 14 are the legal heirs of the owner, one Gulam Husain Momin who died on 12-5-1971. The pLalntiff cLalms that the said owners executed an (unregistered) agreement of sale dated 14-10-1980 in his favour and received Rs. 25,000/- on that day and later received various amounts on various days totalling Rs. 5,75,000/- and the sale of the 8,138 sq. metres was initially at the rate of Rs. 1.85 per sq. metre. Later by a subsequent agreement dated 6-4-1996, the rate according to the pLalntiff was changed to Rs. 44.35 per sq. metre and a further sum of Rs. 1 lakh was paid. The pLalntiff cLalmed to be in possession. The suit was filed on 15-6-1996 for perpetual injunction restraining defendants 15 to 19 and 28 from entering into any sale transaction or agreement or transfer of the suit land and for not obstructing or interfering with the pLalntiffs possession of the suit land.