MOHD JAHANGIR Vs. MALLIKHARJUNA CO OP HOUSING

JUDGEMENT

(1.) The petitioner in both these revisions is the defendant in OS No. 517/ 86 filed by the respondent in the Court of the Principal District Munsif, Hyderabad (East and North), for a permanent injunction restraining the petitioner from alienating the suit lands in an extent of Ac. 8-20 guntas in Survey No. 57 in Karmanghat village, Saroornagar Revenue Mandal, Ranga Reddy District.

(2.) The case of the respondent is that an agreement of sale dt. 15-8-81 (Ex. A-18) was executed by the petitioner in favour of the respondent, for sale of the suit lands at the rate of Rs. 20,000/-per acre and that the respondent paid Rs. 1,70,000/- on various dates by 10-8-82. It was the further case of the respondent that an agreement dated 3-12-82 (Ex. A-7) was executed by the petitioner along with his daughters and sons and the consideration was increased to Rs. 40,000/- per acre and that the possession of the lands was delivered to the respondent on the date of the first agreement. It was further alleged that the petitioner was trying to interfere with the possession of the respondent and was also trying to alienate the suit lands.

(3.) The respondent filed IA No. 1589/86 and 1588/86 for granting temporary injunction restraining the petitioner from alienating the suit lands and for an injunction restraining the petitioner from interfering with the possession of the respondent ever the suit lands. The petitioner contended that the possession of the suit lands was not delivered pursuant to Ex. A-18 and that subsequently on the date of agreement Ex. A-7 on 3-12-82 possession of the lands in an extent of Ac. 4-00 only was given to the respondent. It was the further case of the petitioner that the agreement Ex. A-18 dated 15-8-81 as well as the subsequent agreement were terminated by issuing a notice to the respondent in Ex. B-3. The petitioner filed Exs. B-ll to B-14, which are the pahani patrikas for the years 1984 to 1988 in support of his contention that he has been in possession of the suit lands.