BHAGESHAWARI BAI Vs. MUNNA

JUDGEMENT

(1.) BHAGESHAWARI Bai and Anr. v. Munna, the Second Addl. District Judge, Betul in Civil Case No. 8-A/2001, Munna Vs. Bhageshawari and two Ors. , on 12-7-2001 allowed an application filed by Munna (R-l) and granted a temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure (to be called as Code only) and restrained (he appellants from interfering in possession of Munna (R-l) over the suit land bearing khasra No. 137/2, area 1. 619 hectare situate in village Ankabadi (to be called as suit land only ).

(2.) AGGRIEVED thereby, this misc. appeal was filed on 25-7-2001.

(3.) MUNNA (R-l) was in cultivatory possession of the suit land from 24-6-94 to 24-6-2000 under a contract. Sugarcane is being grown on the suit land. Bhageshawari Bai (A-1) has executed a sale deed on 1-12-2000 in favour of Ajay Kumar (A-2 ). The suit land has been mutated in the name of Ajay Kumar (A-2) and Kishan Pawti and Rin Pustika have been issued in his name. Munna (R-l) has filed a civil suit for specific performance of a contract to sell the suit land on 26-9-2000 and for injunction. According to him he was in possession of the suit land since 1994. On 26-9-2000 a contract for purchase of suit land was entered into of Rs. 2 lacs as consideration. Rs. 1 lac was paid in cash and a Bayana chitti was executed. The period for Theka was enhanced upto 1,24-6-2002. Smt. Bhageshawari Bai (A-J) had surreptitiously executed a sale deed in favour of Ajay Kumar (A-2 ). Munna (R-l) claimed to be in possession of the suit land and has applied for temporary injunction to maintain his possession till the decision of the civil suit. The learned Trial Judge after hearing both the parties, persual of documenls and affidavits allowed the application.