MURLIDHAR NAGAR Vs. VIJAYMAL JAIN

JUDGEMENT

(1.) Heard learned counsel for the parties. These two appeals are by two different appellants but the facts of the two cases are so intermingled that they are required to be decided by common judgment.

(2.) Both the appellants are aggrieved against the order of the trial court passed in two misc. applications filed under Order 39 Rules 1 and 2 CPC dated 19.9.2005 in two separate suits. The trial court allowed the injunction applications filed by the plaintiffs/respondents and restrained the appellants/defendants purchasers of the plot in dispute by registered sale deed, from alienating the property and from parting with possession of the plot in dispute and further restrained them from raising any construction over the plot in dispute.

(3.) It will be worthwhile to mention the relationship of the persons who are involved in the land dealing. One Bhoor Chand defendant in civil original suit no.36/2005 and another Sampat Raj defendant in civil original suit no.37/2005 are the owners of two different plots described in the respective plaints. Bhoor Chand is brother-in-law of Sampat Raj. According to the plaintiffs, by oral agreement, defendants Bhoor Chand and Sampat Raj agreed to sell their plots for a consideration of Rs.5,60,000/- for each plot.