Judgment

SHARMA, C.J.I. :- Heard the learned counsel for the parties. Special leave is granted.

2. The dispute in the case relates to a residential house which admittedly belongs to the family of the appellants and was in possession of respondent No. 4 as a tenant. The appellants and their father filed a suit for eviction impleading respondent No. 4 as a party, which was decreed. In execution of the decree the appellants were put in physical possession of the house with the aid of police force. The case of respondent No. 4 is that there was an agreement for sale of the property to him and in part performance thereof he continued in possession of the house and was, therefore, not liable to be evicted. He has filed Title Suit No. 27 of 1991 in the Court of Munsif, Hazaribagh, on the basis of the alleged agreement which is still pending. He continued to assert his possession of the house and was not reconciled even after his dispossession with the aid of the police force, and ultimately an incident took place on 15-9-1991 which is the subject matter of a pending criminal case. According to the appellants respondent No. 4 opened fire in a bid to take over possession of the house and a fi