U N SHARMA Vs. PUTTEGOWDA

JUDGEMENT

(1.) This is a plaintiff's appeal against the order dated 26-3-1985 passed by the Civil Judge, Ramanagaram, in O. S. No. 63/82 dismissing I. A. V. filed by the plaintiff under Order 39 Rules 1 and 2 of C. P. C.

(2.) According to the plaintiff, the defendants 1 and 2, who are the owners of the suit lands, agreed to sell the suit lands to him for Rs. 21,000/- and received Rs. 15,000/- on 1-7-1982 and executed the agreement of sale. According to the plaintiff, defendants-1 and 2 put the plaintiff in possession of the lands on 1-7-1982 itself. He claims that he has been in possession of the lands ever since he has been put in possession of the property on 1-7-1982. According to him, defendants 1 and 2 started interferring with his possession. Hence, he filed O. S. No. 63/82, for a permanent injunction. Along with the suit, he filed I. A. I. under Order 39 Rules-1 and 2 of C.P.C. praying to restrain defendants-1 and 2 from interfering with his peaceful possession of the property pending disposal of the suit. He filed I. A. II requesting the Court to restrain the defendants from alienating the property. The Court below issued a temporary injunction restraining defendants 1 and 2 from alienating the property. So far as I. A. I. is concerned, it issued notice to defendants 1 and 2.

(3.) Defendants 1 and 2 appeared and filed their objections and written statements also denying the execution of the agreement of sale and denying the receipt of the consideration. They set up that the said agreement of sale had been fabricated by their uncle Marigowda in connivance with the plaintiff.