KALLU NOOR MOHAMMAD Vs. SHIVJIRAM JAGANNATH KHATI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 17-10-1986 passed by the Additional Judge to the District Judge, Dewas in C. S. No. 8-A of 1985 whereby the application of the respondent No. 1 under Order 39 Rules 1 and 2 Civil Procedure Code has been allowed.

(2.) IT is not in dispute that the property in question comprising of survey No. 67 area 2. 17 acres situate at village Napakhedi Tahsil Dewas is entered in revenue papers in the names of Rahmatbai and Kallu the appellants.

(3.) ACCORDING to the respondent No. 1 Shivjiram the property aforesaid was purchased by Mubarik, the brother of Kallu and husband of Rahmatbai from one ghasiram. The said Mubarik with the consent of Rahmatbai and Kallu entered into an agreement dated 3-8-1982 to sell the property to him for a consideration of Rs. 28,000/-and obtained Rs. 5,000/- as part payment of the price and delivered possession of the property to him. On the following day the respondent Shivji withdrew Rs. 18,000/- from the bank and paid it to the respondent No. 2 Mubarik who signed the relevant entry. Mubarik received the remaining Rs. 5,000/- on different dates. The appellants and mubarik evaded execution of the deed and ultimately refused to do so. They want to enter into forcible possession of the land and hence the suit instituted on 8-8-1985.