LALLAN PRASAD Vs. PARMESHWAR SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS civil revision application is directed against the order dated 27.9.96 passed by Second Additional District and Sessions Judge, Saran in Miscellaneous Appeal No. 72/84. The learned appellate court confirmed the order passed by the 1st. Subordinate, Judge, Saran, in Title Suit No. 273/93. By the said order the trial court granted temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure directing the defendant/petitioner not to disturb the possession of the plaintiff opposite party.

(3.) THE relevant facts relating to disputes are that the defendant/petitioner filed title eviction suit no. 56/79 against the plaintiff of Title Suit No. 273/93 for his eviction from the suit premises on the ground of non -payment of rent. The suit was eventually decreed on the basis of compromise. In terms of the compromise decree the plaintiff opposite party agreed to hand -over possession of the premises to the defendant/petitioner by December, 1993 and till then he agreed to pay rent at the rate of Rs. 200/ - per month. It is stated that till June, 1993. the plaintiff/opposite party paid rent and thereafter stopped payment. The plaintiff -opposite party then filed title suit no. 273/93 for a decree of Specific Performance of Contract. It is alleged that the defendant/petitioner entered into an agreement on 29.7.93 whereby he agreed to sell the suit property to the plaintiff for a sum of Rs. 50,000/ - and out of that a sum of Rs. 15,000/ - was paid as an advance. It is further alleged that the defendant executed a Mahadnama and put the plaintiff in possession of the suit property. Plaintiff's further case was that he tendered the balance consideration money to the petitioner but he later on refused to take money and consequently the aforesaid suit was filed.