- (1.) Heard learned counsel for the parties and perused the material placed on record.
(2.) The appellant is aggrieved against the rejection of his application under Order XXXIX, Rule 1 & 2 CPC in a suit filed by him seeking cancellation of sale deed and perpetual injunction. The application was filed seeking injunction against the respondent from dealing with the suit property i.e. the agriculture land comprised in Khasara No. 883 ad measuring 6.325 Htr.
(3.) The admitted case between the parties is that the agreement to sale the land in question was entered into between the parties for a sum of Rs.74 lacs and out of the said amount, Rs. 65,80,000/- has been received by the plaintiff, though as per the case of the defendant even the balance sum of Rs. 8,20,000/- has also been paid, consequent to which the sale deed was executed.;