(1) THE appellants herein were the defendants in a suit filed by the respondents under Sections 88 and 188 of the Rajasthan Tenancy Act before the Sub-Divisional Officer, Rajasamand District, Udaipur. The suit was for declaration that the plaintiff-respondents are the recorded tenant and for injunction and alternatively, for possession of the land, if the plaintiffs were not found in possession. It is not disputed that the plaintiffs entered into an agreement with the father of the defendant-appellants for sale of land measuring 90 bighas. It is also not disputed that the plaintiffs received the earnest money and they delivered possession of the land to the father of the defendants. What is disputed is that since the defendants did not pay the balance amount a dispute arose and as a result of a settlement Ex. 4 came to be arrived at. The case of the plaintiffs was that as a result of Ex. 4 the defendants gave back the possession of the land to them. It further appears that the proceedings under Section 145 CrPC were initiated and the Magistrate found that the defendants were in possession over the land. Consequently the possession of the land was delivered to the defendants