- (1.)Heard learned counsel for the parties.
(2.)This appeal is against the order dated 29th July, 2004 by which the trial Court dismissed the injunction application filed by the appellant-plaintiff.
(3.)Brief facts of the case are that plaintiff filed the suit for specific performance of contract dated 13-1-1984 before the trial Court on 23rd Dec., 1999. According to appellant, the appellant is in possession of the land in dispute in pursuance of the agreement to sell and, therefore, his possession is protected by Section 53-A of the Transfer of Property Act. It is submitted that because the land was not transferred in the name of the appellant, therefore, the name of the respondent continued in the revenue record. It is also submitted that the trial Court ignored the Important material piece of evidence, which is the report given by the Tehsildar of the area showing the possession of the appellant. It is also submitted that the trial Court was under influence at the order passed by the revenue Court in a suit filed by the respondent-defendant in the revenue Court and ignored the fact that the order of injunction, which was passed by the Court of Asstt. Collector, Anoopgarh was modified by the order of the revenue appellate authority on the basis of Interim order passed by the Civil Court and both the parties were directed to maintain the status- quo even by the revenue appellate authority.