PUSHPA DEVI SARRAF Vs. JAI NARAIN PARASRAMPURIA

JUDGEMENT

(1.) APPELLANTS (defendants nos. 2 and 4 of Suit No. 534 of 1984 : Jai Narain Parasrampuria and others v. M/s. Kanpur Exports (P) Ltd. and others have filed this appeal against the order dated January 15, 1991, passed by Shri Nirvikar Gupta, VII Additional district Judge, Kanpur Nagar, in the aforesaid suit.

(2.) THE relief claimed by this appeal is that the impugned order passed by the court below be modified so as to grant the prayer tor restraining the plaintiffs-respondents from interfering in the possession and ownership of the appellants over the property in dispute, bearing no. 7/169, Swaroop Nagar, Kanpur and further they be restrained from making criminal trespass over it.

(3.) THE plaintiffs have filed Suit No. 537 of 1984 on August 6, 1984 for specific performance of contract dated June 12, 1984 and possession against M/s. Kanpur bxports (P) Ltd., respondent no. 4, two appellants and their son Sandeep Sarraf. Surendra Kumar Mittal has also been impleaded as defendant no. 5. THE agreement dated June 12, 1984, the copy of which is Annexure 2 to the counter affidavit, was executed by M/s. Kanpur Exports (P) Ltd. through its Directors, Smt. Pushpa Devi Sarraf, her husband Mohan Lal Sarraf (the appellan(s) and their son Sandeep Sarraf in favour of the plaintiffs-respondents Jai Narain Parasrampuria, Sudhir Kumar Parasrampuria and Smt. Parvati Parasrampuria for the sale of the property in question for a consideration of rupees eleven lacks, out of which rupees ten lacs had already been paid in advance. It has also been mentioned in this agreement that the entire property had been leased out to Manoj Kumar Poddar.