SOHAN LAL Vs. OM PARKASH

JUDGEMENT

(1.) Being unsuccessful to obtain stay in his favour in both the courts below, the plaintiff-petitioner has come to this court by way of this petition under Section 115 of the Code of Civil Procedure (hereinafter referred to as the Code).

(2.) A suit was filed by the plaintiff-petitioner for permanent injunction against the defendant-respondents restraining them from interfering in his cultivating possession on the ground that he is a prospective vendee of the land in dispute. It was averred that an agreement to sell dated 31.3.1999 was entered into with him by defendant-respondent No. 5 Manga Ram and he paid a sum of Rs. 3 lacs as earnest money out of the total sale consideration of Rs. 5,95,168/-. The sale deed was agreed to be registered on 30.11.1999. It is the further case of the plaintiff-petitioner that possession of the disputed property was given to him on the basis of the agreement, referred to above. Along with the suit, the plaintiff filed an application under Order 39 Rules 1 and 2 of the Code praying for stay during the pendency of the suit.

(3.) The said application was contested by the defendant-respondents.