LAWS(MPH)-2000-5-24

HAFIZ MUJAHID ALI Vs. GYARSI LAL

Decided On May 12, 2000
HAFIZ MUJAHID ALI Appellant
V/S
GYARSI LAL Respondents

JUDGEMENT

(1.) THIS appeal is directed against the order dated 30-9-99 in Civil Suit No. 66-A/99 by VIIth Additional District Judge, Bhopal, allowing the application of plaintiff/respondent under Order 39 Rules 1 and 2 of CPC and granting temporary injunction against the appellants/defendants No. 1 and 2 not to interfere in the possession of the suit land of plaintiff/respondent.

(2.) THE plaintiff/respondent No. 1 is admittedly the Patta holder of agricultural land bearing Khasra No. 8/2 area 5 acres situated at Village Mungalia, Patwari Halka No. 12, Tahsil Hujur, District Bhopal. The defendant No. 1 claimed to have purchased the suit property by a registered sale deed dated 9-9-98 from appellant/defendant No. 2.

(3.) THE defendant/appellant No. 2 had averred that he had obtained a 'muktarnama' on-1-4-97 from plaintiff/respondent No. 1 and thereafter an agreement to sale was got executed. The plaintiff/respondent No. 1 denied to have executed the said documents.