S.B.SINHA, HARJIT SINGH BEDI
AJAY MOHAN – Appellant
Versus
H. N. RAI – Respondent
S. B. SINHA, J.
( 1 ) LEAVE granted.
( 2 ) APPELLANTS are aggrieved by and dissatisfied with the judgment and order dated 16. 6. 2007 passed in Appeal From Order No. 320 of 2007 by a division Bench of the Bombay High Court whereby and whereunder an appeal from an order dated 12. 4. 2007 passed by City Civil Court, Bombay in notice of Motion No. 944 of 2007 rejecting an application for injunction filed by them was dismissed.
( 3 ) APPELLANTS are said to have become owners of the suit land by reason of a deed of gift, which is said to have been executed by Mrs. Tara Sarup on 30/3/1968 in favour of the first appellant. Indisputably, Respondents claim their right, title, interest and possession on or over the land in suit in terms of an agreement of sale purported to have been executed by the appellants herein in their favour on or about 23/10/1969.
( 4 ) APPELLANTS' case in relation to the said agreement for sale are :
(a) It is a forged document. (b) In any event, the plaintiff No. 1 being minor on the date of execution of the agreement (his date of birth being 8. 3. 1952), the same is void in law.
( 5 ) THE claim of the respondents, on the other hand, is that out of the amount o
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