GOLLAPPAGOUDA Vs. LINGANNA

JUDGEMENT

(1.) When this matter was called, I wrote in the order sheet as follows :

(2.) Plaintiffs suit is for an injunction restraining the defendant from interfering with his peaceful enjoyment of the suit schedule property. The suit schedule property is agricultural land bearing Survey No. 182 measuring 4 acres 29 guntas situated in Thadibidi village in Gulbarga District. The defendants resisted the prayer in I.A. No. I for interim injunction inter alia contending that the plaintiff agreed to sell the suit land in favour of the defendant on 15.2.1973 for a consideration of Rs. 16,000/- and having received Rs. 15,500/- towards part payment of consideration, put defendants in possession of the suit land and as such they had been in possession and enjoyment of the suit land and without plaintiff being in possession, his prayer for interim injunction should be dismissed.

(3.) Affidavits as well as alleged agreement for sale dated 16.2.1973 were also produced into court. On appreciating the evidence on record, the Court came to the conclusion that the recital in the agreement for sale was proof of possession having been passed on to the defendant and therefore, the plaintiff was not entitled to the injunction. On appeal, the appellate court has set aside the order of the Munsiff and granted temporary injunction in favour of the plaintiff. Aggrieved by the same, the defendant has approached this Court under Section 115 C.P.C.