ANILKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Returnable forthwith.

(2.) HEARD Finally with consent of parties.

(3.) A few facts may be narrated thus - Non-applicant no.2 was the owner of field in dispute. He agreed to sell the said field to the applicant for a sum of Rs.5,00,000/- There was no necessity to have a formal written agreement of sale in favour of the applicant, hence the applicant paid Rs.5,00,000/- to the non-applicant no.2. At the relevant time, the property was under mortgage with a Co-operative Bank. Non-applicant no.2 agreed to liquidate the loan of the said bank. The amount of Rs.5,00,000/- was paid by the present applicant by way of cheque on 24/2/2000. Since the loan was not liquidated by non-applicant no.2, the said Cooperative Bank attached the field in question. The applicant, therefore, filed Civil Suit No.38 of 2003 for injunction. In the said suit, it is alleged that non-applicant no.2 admitted the possession of the present applicant.