SUJAN CHARAN Vs. PRAMILA

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Additional District Judge, Cuttack confirming the order passed by the learned Subordinate Judge, Jagatsinghpur under O.39, Rr.1 and 2 of the Code of Civil Procedure ('Code' for short) restraining the petitioners from entering upon the suit land.

(2.) In the suit, opposite party No.1 is the plaintiff and opposite party No.2 and the petitioners are defendants. Indisputedly, opposite party No.2 (defendant) was the previous owner of the suit land consisting of a thatch house and fruit bearing trees. He is a close relation of the husband of opposite party No.1. According to the case set up by opposite party No.1, opposite party No.2 having settled down in a different village agreed to sell the suit land in favour of opposite party No.1 for a consideration of Rs.17,000/- and executed a deed of contract for sale in her favour on 21-3-1984. In part performance of the contract opposite party No. 1 paid a sum of Rs.7000/- to opposite party No.2 and the latter delivered possession of the suit land to the former. Although opposite party No.1 was at all times ready and willing to perform her part of the contract, opposite party No.2 avoided with ulterior motive and ultimately on 16-1-1985, he sold the suit land in favour of the petitioners by registered sale deeds. According to opposite party No. 1, as she was in possession of the suit land in part performance of the contract and the petitioners are subsequent transferees with notice of prior contract for sale, during pendency of the suit, the petitioners should be restrained under O. 39, Rr. 1 and 2 of the Code.

(3.) The defence of opposite party No. 2 is that he did not enter into any contract for sale of the suit land in favour of opposite party No. 1 and did not execute the deed of contract of sale on 21-3-1984. Opposite party No. 1 had obtained his signatures on some blank pieces of paper and forged the deed of contract for sale dated 21-3-1984. He did not receive part of consideration of Rs.7000/-, nor delivered possession of the suit land in part performance of the contract to opposite party No.1.