IMRATLAL KUSHWAHA Vs. JANKIBAI
LAWS(MPH)-2000-8-126
HIGH COURT OF MADHYA PRADESH
Decided on August 03,2000

Imratlal Kushwaha Appellant
VERSUS
JANKIBAI Respondents

JUDGEMENT

- (1.)THIS miscellaneous appeal is directed against the order dated 25th August, 1999 in Civil Suit No. 40 -A/1998 by XII Additional District Judge, Jabalpur by which the plaintiff/appellant's application under Order 39 Rule 1 & 2 CPC for temporary injunction restraining the defendants/respondents from interfering in his possession over the suit -property, was dismissed.
(2.)THE plaintiff/appellant has filed a suit for enforcement of agreements dated 4.2.1998 and 31.3.1998 entered into by defendant No. 2 for sale of suit - agricultural lands. The plaintiff alleged that though the defendant No. 2 had entered into an earlier agreement on 4.2.1998, but another agreement dated 31.3.1998 was subsequently entered into between the parties by which the suit -land was agreed to be sold by the defendants 1&2 to the plaintiff/appellant. However, the defendants/respondents 1 & 2 subsequently on 26.2.1998 have sold the suit -land to defendants/respondents 3 & 4. The appellant alleged that he received possession of the suit -land after the earlier agreement dated 4.2.1998.
The appellant also filed an application for temporary injunction praying that the defendants/respondents be restrained from interfering in his possession over the suit -land. The defendants/respondents resisted the application.

(3.)THE learned trial Court found that the earlier agreement dated 4.2.1998 allegedly executed by defendant/respondent No. 2 and Mantakia was interpolated and there was over -writing and scratching in the date and month of the said document. It was further observed that before the subsequent agreement dated 31.3.1998, the defendants 1 & 2 have already sold the suit -land on 26.2.1998 in favour of respondents 3 and 4 and they have been put in possession. Therefore, it was found that there was no prima facie case in favour of the plaintiff/appellant. Accordingly, the application for temporary injunction was rejected.


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