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2000 Supreme(SC) 1356

S.N.PHUKAN, V.N.KHARE
Thangamani – Appellant
Versus
Natesan – Respondent


(1) ADMITTEDLY, the defendants-appellants were tenants of the land in dispute and the plaintiffs-respondents were the landlords. A suit was filed wherein a compromise was entered into between the plaintiffs and the defendants, whereby the landlords agreed to sell the land in favour of the defendants appellants for a consideration of Rs. 63,000.00. The defendants-appellants paid a sum of Rs. 3,00,07.00- towards earnest money. The agreement stipulated that the defendants-appellants would be in possession from the date of the execution of agreement and in case of any default in payment of instalments, they will be liable to pay damages. Admittedly, the defendants-appellants did not pay the instalments. With the result, the plaintiffs-respondents filed a suit for recovery of possession of land. The defendants-appellants filed a written statement wherein they asserted their possession over the land on the basis of the agreement of sale and also on the ground that they were the tenants of land and as such are protected under the Cultivating Tenants Protection Act. The trial court found that the defendants-appellants are not entitled to retain possession in pursuance of the agreem




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