PANNALAL Vs. DILIP KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the order dated 6.7.99 in Civil Suit No. 22-A/98 by Additional District Judge, Nasrullaganj, District Sehore, whereby the application of plaintiffs-respondents No. 1 and 2 for temporary injunction has been allowed and the defendants-appellants have been restrained from interfering in the plaintiffs' possession on the disputed land bearing khasra No. 49/2 area 5 acres situate at village Gillore, Tahsil Nasrullaganj.

(2.) THE plaintiffs-respondents No. 1 and 2 brought a suit for specific performance and permanent injunction regarding the suit land bearing Khasra No. 49/2 situate at village Gillore area 5 acres. They claim that the defendants- appellants initially entered into an agreement dt. 28.4.95 for the sale of suit land, and received Rs. 20,000/- as part consideration. The remaining consideration was to be paid in terms of the agreement. However, subsequently on 19.5.98 another agreement was entered into between the parties for the sale of the suit land. In the meanwhile, total amount of Rs. 81,121/- has been received by the defendants/appellants towards price of the suit land. The respondents No. 1 & 2 also claimed that possession of the suit land was delivered to them by the defendants/appellants on 18.4.95 and they are continuing in possession thereof. The application was resisted by the defendants/appellants.

(3.) THE learned counsel for appellants has urged that the finding of the trial Court, that plaintiff/ respondent No. 1 and 2 were in possession of the suit land was erroneous. It has further been submitted that the appellants are aboriginals and could not transfer the land in view of section 65 of M.P. Land Revenue Code. It has therefore been urged that the application of the plaintiffs for temporary injunction ought to have been rejected.