ABDUL RAHMAN Vs. SUFU

JUDGEMENT

(1.) BEING aggrieved by the order dated 23.03.10 passed by I Additional District Judge, Khargone, West Nimar in Civil Suit No.29-A/09, whereby the application filed by appellants under Order 39 Rule 1 & 2 CPC was dismissed, the present appeal has been filed.

(2.) SHORT facts of the case are that the appellants filed a suit for specific performance on 22/12/09 alleging that appellants entered into an agreement to purchase the suit property from one Abdula father of respondent Nos. 1 to 3 vide agreement dated 01.07.98 for a consideration of Rs.2,00,000/- and paid the sale consideration at that time itself and the possession was delivered to the appellants. It was alleged that lateron after the death of Abdula the suit property was sold by respondent Nos. 1 to 3 to respondent Nos. 4 to 6 vide sale deed dated 23/11/09. It was alleged that in the facts and circumstances of the case, since the consideration was paid by the appellants to the father of respondent Nos. 1 to 3, respondent Nos. 1 to 6 be directed to honour the agreement and execute the sale deed in favour of appellants. In the suit it was also prayed that since the appellants are in possession of the property right from 1998, therefore, possession of the appellants be protected and respondent Nos. 1 to 6 be restrained no to interfere into the possession. Along with the suit an application for temporary injunction was filed, in which it was prayed that possession of the appellants be protected.

(3.) LEARNED counsel for respondent Nos. 1 to 6 submits that in fact no agreement was executed by deceased Abdula in favour of appellants. It is submitted that forged agreement was prepared by the appellants. It is submitted that in support of facts stated in the application no affidavit of any of the villager has been filed. It is submitted that in fact it is respondent Nos. 4 to 6, who are in occupation after purchasing the property from respondent Nos. 1 to 3. It is submitted that prior to sell respondent Nos. 1 to 3 were in possession. It is submitted that in the facts and circumstances of the case, appeal filed by the appellants be dismissed.