HAJARI MAL Vs. BHERU LAL

JUDGEMENT

(1.) At the request of learned counsel for the parties, the appeal is heard finally.

(2.) The plaintiff's case is that the respondent no.1 through his power of attorney respondent no.2 agreed to sale the plot in dispute to the plaintiff/appellant for which an agreement was executed on 29.6.2004 by the respondent no.2 on behalf of the respondent no.1. The plaintiff paid Rs.80,000/- and also took possession of the plot in dispute. The power of attorney in favour of the respondent no.2 is registered one.

(3.) According to learned counsel for the appellant, in view of the fact that the appellant has paid the cost of the land and took the possession of the plot in dispute, therefore, during the pendency of the suit, neither the respondent no.1 can dispossess the appellant from the land in dispute nor he can sale the property to any other person. According to learned counsel for the appellant, the trial court dismissed the appellant's application for grant of injunction on hypertechnical ground of having no separate receipt of payment of Rs.80,000/-. It is also submitted that the property in dispute is an open piece of land, therefore, during pendency of the plaintiff's suit, the defendant has no right to deal with the property in dispute.