AMIL Vs. MOHAMMAD UMAR AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the appellant and perused the record.

(2.) The plaintiff-appellant had filed Original Suit No. 732 of 2008 (Amil Vs. Mohd. Umar and another) with averment that the owner of the disputed property is defendant no.-1 Mohd. Umar, who had orally agreed to sell this property to plaintiff and in this regard plaintiff had given Rs. two lacs in in response to which defendant no.-1 had executed a receipt dated 08.05.2007 and handed over to the plaintiff along with the possession of the disputed land. After that plaintiff is continuing in possession of disputed agricultural plot. The plaintiff was willing and ready to perform his part of said contract and pay remaining Rs. 20,000/- for execution of registered sale-deed. But defendant had delayed the matter without any reason and had not executed sale-deed. On 15.11.2008, defendant no.-1 visited the disputed plot and informed that he had sold the said property to defendant no.-2 Smt. Sahana Khatoon. They had asked the plaintiff to vacate the disputed land and threatened to interfere in his possession, therefore, on the basis of this cause of action the plaintiff had filed the suit for permanent injunction with relief that defendant be restrained from evicting him from the disputed land otherwise than in accordance with law; and they be directed not to transfer the disputed land and interfere in peaceful possession of plaintiff.

(3.) Defendants had filed written-statement in which they had that no agreement to sell was ever executed between the plaintiff and defendant no.-1 and alleged agreement to sell dated 08.05.2007 is forged. Defendant no.-1 was owner and bhumidhar of disputed land and plaintiff has no right over it. Defendant no.-1 had sold a portion of disputed land to defendant no.-2. Plaintiff's suit is liable to be dismissed.