- (1.) This appeal has been filed by the defendant being aggrieved by the order dt. 21.5.2008 granting temporary injunction in suit filed by the plaintiffs Jeth Mai and M/s Dilip Kumar & Company seeking cancellation of sale deed executed by the respondent No. 2 Shankar Lal in favour of defendant No. 1 Narender Jaypal and defendant No. 3 Likhma Ram and defendant No. 4 Sualal.
(2.) The learned trial Court in para 10 of the impugned order has given the reason that out of khasra No. 1383 total measuring 12 bighas of land, 6 bighas of land was purchased by the plaintiff Jeth Mai and M/s Dilip Kumar & Company on 07.01.1977 from one Mst. Sayari Meghwal by registered sale deed and they constructed four godowns over the same. For remaining 6 bighas of the said khasra No. 1383, the plaintiffs Jethmal and M/s Dilip Kumar & Company claimed adverse possession over the said portion of 6 bighas whereas the defendant No. 2 Shankar Lai claimed to be owner of the said remaining portion of 6 bighas. Since the said 6 bighas portion is said to have been sold by defendant No. 2 Shankar Lai to the defendant No. 1 Narendra Jaypal and others, the present suit was filed by the plaintiffs for cancellation of the said sale by defendant No. 2 in favour of defendant No. 1 and others.
(3.) The learned trial Court in the said impugned order has also given out the reason that from the application filed by defendant No. 2 Shankar Lai before the Assistant Collector Parabatsar under Sections 48 to 52 of the Rajasthan Tenancy Act on 25.05.2002 it appears that the plaintiffs No. 1 and 2 - Jethmal and M/s Dilip Kumar & Company had agreed to give in exchange their land of 6 bighas in nearby khasra No. 1382 to the defendant No. 2 Shankar Lai in lieu of his giving exchange his khatedari of 6 bighas in the disputed khasra No. 1383. The said application has remained pending since then.;