JAN MOHAMMAD Vs. MOHAMMAD DEEN

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 3.8.2001 passed by learned Additional District Judge (2) Kangra at Dharamashala in Civil Appeal No. 76 -P/XIII/97, whereby he dismissed the appeal filed by the plaintiffs -appellants and affirmed the judgment and decree dated 18.7.1997 passed by the learned Sub Judge Ist Class, Palampur in Civil Suit No. 366 of 1992.

(2.) BRIEFLY stated the facts of plaintiffs' case are that they were owners in possession of the land in dispute on the basis of an agreement dated 7.5.1983. It has been averred that Alahadin and Salamdeen sons of Lakhy had taken a loan of Rs. 4,000/ - and Rs. 3500/ - respectively, from State Bank of India, Jaisinghpur and both had agreed to sell the property to Noor Hussain the father of the appellants against the loan of Rs. 11,000/ -. It was further averred that after the agreement the father of the appellants would make the payments and on this condition even the possession of the suit land was delivered to the appellants. It is further claimed that the parties agreed that father of the appellants was to pay the loan to the bank and thereafter Alahadin and Salamdeen would execute the sale deed, failing which the father of the appellants would become the owner of the suit property. It was further averred that respondent being the only legal representative of Alahadin and Salamdeen had no right, title or interest in the suit land. The appellants accordingly filed the suit for declaration to the effect that they had become owners of the suit land with consequential relief of permanent injunction.

(3.) WHETHER the plaintiffs are entitled to the relief of injunction, as prayed for? OPP.