JUDGMENT

S.N. Variava, J.-Leave granted.

Heard parties.

2. This Appeal is against an Order dated 26th August, 2002 whereby an FIR has been quashed.

3. Briefly stated the facts are as follows:

The Appellant is the owner of survey No. 66 in Sarakki village. He appears to have entered into an agreement to sell dated 18th February, 1988 with his sister one Nirmala. This agreement was for 25,188 sq ft. in survey No. 66. Respondent No. 2 is the son of the said Nirmala. Respondent No. 4 is the daughter of the said Nirmala. Respondent No. 3 is a daughter-in-law, through a deceased son of Nirmala. It is the case of the Appellant that he had permitted his sister Nirmala to reside in the plot agreed to be sold to her as his licensee. On 7th September, 2000 Respondents 2 to 4 filed a suit for partition. Appellant claims that in this suit, partition was also claimed of the 25,188 sq ft. Respondents 2 to 4 deny that the claim in partition suit includes this piece of land. We are not concerned with this controversy, save and except to note that admittedly the documents set out hereunder were not produced or relied upon in this suit. The Appellant claims that he learnt that Respondents 2 to 4 were tr