RAMMO BAI Vs. JITENDRA SINGH

JUDGEMENT

(1.) THIS Miscellaneous Appeal has been filed by the appellant- defendant under Order 43 Rule 1 (r) of CPC against the order dated 18/05/2012 passed by Third Additional Judge to the Court of First Additional District Judge, Gwalior in Civil Suit No. 51-A/10 whereby application filed respondents No. 1 to 3/plaintiffs under Order 39 Rule 1 and 2 CPC has been allowed and appellant-defendant has been restrained from alienating or transferring the suit land mentioned in agreement dated 30/11/2001.

(2.) THE brief facts of the case are that respondents No. 1 to

(3.) LEARNED counsel for the respondents No. 1 to 3 has drawn attention of this Court towards the copy of agreement dated 30/11/2001 and submitted that no time period was fixed for compliance of agreement, therefore, after sale of 1 bigha 18 biswa land, the agreement remained in force for remaining land also and therefore, plaintiffs are ready and willing for specific performance of agreement. While on the other land learned counsel for the appellant-defendant has submitted that agreement is a forged document and is not properly stamped and false suit has been filed for blackmailing the defendant No. 2.