LAWS(P&H)-1992-11-59

BASHIR Vs. ZAMIR-UL-DIN

Decided On November 06, 1992
BASHIR Appellant
V/S
ZAMIR-UL-DIN Respondents

JUDGEMENT

(1.) THE dispute in this case relates to the restitution of possession of land measuring 9 bighas 4 biswas A few facts may be noticed.

(2.) ON December 2, 1983, Ibrahim gave a loan of Rs. 20,500/- to Zamir-ul-Din. He executed a pronote and agreed to pay interest at the rate of 12 percent per annum It is claimed that possession of land was given to Ibrahim which was to be adjusted towards the interest accruing on the amount of Rs. 20,500/ -. On April 29, 1988, Ibrahim died. The appellants filed a suit for recovery of Rs. 20,500/- as also for an injunction restraining Zamir-ul-Din from dispossessing them from the land in dispute While the suit was pending an application was filed by the defendant-respondents on July 28. 1988 agreeing to pay the amount alongwith intereet in case the plaintiff Bashir etc sons of Ibrahim agreed to hand over vacant possession of the land. The matter was considered by the learned Subordinate Judge on August 9, 1988 who passed the following order:-

(3.) IT appears that in pursuance to the order, the requisite amount of Rs. 24,717/- was deposited by the defendant-respondents on the same day After having made the deposit, Zamir-Ul-Din moved an application on August 16, 1988 for possession of land. In pursuance to this application, actual possession was delivered to him on December 12, 1988. In the meantime, on September 21, 1988, the plaintiff appellants got their suit dismissed in default.