DEVI Vs. BHANWARI LAL

JUDGEMENT

(1.) This is an appeal filed against the order dated 20.3.1995 passed by learned Additional District judge, Raisinghnagar making temporary injunction absolute in a suit for specific performance of contract restraining defendant-appellant from interfering in possession of the plaintiff respondent over the agricultural land on the basis of an unregistered agreement for sale dated 31.12.92 although a revenue suit for eviction under Section 183 of the Rajasthan Tenancy Act, 1955 was pending against him in respect of disputed land.

(2.) It is revealed from perusal of the record that the plaintiff-respondent filed a civil suit for specific performance of contract oh 20.10.94 in respect of disputed land situated in Murabba No. 233/364 measuring 12 Bighas 5 biswas in Chak 5 TDD Tehsil Vijay Nagar ont he basis of unregistered agreement dated 31.12.92. It is averred in the plaint that 24 Bighas 10 Biswas of command land was allotted on permanent basis under the Rajasthan Colonisation (Allotment and Sale of Government Land in Indira Gandhi Nehar Project) Rules, 1975 (hereinafter referred to as 'Rules of 1975'). It is further averred that the plaintiff-respondent and defendant-appellant's husband deceased Kishanlal were co-sharers of the disputed land to the extent of half share each.

(3.) The defendantappellant was in need of money to construct a house at Loonkaransar and also to purchase land, so she entered into an agreement for sale of this land on 31.12.92 for a sum of Rs. 3,00,000/- Out of the aforesaid amount, Rs. 2,15,000/- was paid on 31.12.92 and an un-registered agreement was executed by her. It is also averred that as the possession of the land in dispute was already with the plaintiff-respondent, hence, recital was made in the unregistered agreement about delivery of possession to him as a purchaser in pursuant to the aforesaid unregistered agreement dated 31.12.92. It is alleged that on 25.1.93, a sum of Rs. 15,000 was further paid to the defendant-appellant. As the defendant-appellant refused to execute sale-deed on 16.10.94 in pursuant to aforesaid unregistered agreement which necessitated to file the present suit for specific performance along with an application for temporary injunction under Order 39, Rule 1 and 2, CPC.