AHAMEDKULLY Vs. SUB JUDGE

JUDGEMENT

(1.) The second respondent filed a suit O.S.No.603 of 1981 in the Munsiffs Court, Kozhikode II against the petitioner and others for a decree of permanent injunction restraining them from demolishing a compound wall on the northern side of the plaint schedule property, or in any way interfering with his possession of the property. The second respondent's case was that he was in possession of the property and that he was putting up a godown therein, when the defendants proclaimed their intention to obstruct the work.

(2.) The defendants contested the suit with the plea that the plaint schedule property was in the possession of the Muslim Education Trust consequent on an agreement to sell entered into by the second respondent, and the subsequent dealings arising therefrom. The building under construction in the property was a mosque being put up by the Muslim Education Trust and not a godown being put up by the second respondent.

(3.) Another suit O.S.No.154 of 1982 for specific performance of the agreement to sell this property is pending in the Sub Court, Calicut. The terms and conditions of the agreement between the parties arise for consideration and decision in that suit.