( 1 ) PLAINTIFFS have filed this civil Miscellaneous Appeal against an order of the Principal Subordinate Judge, Anantapur vacating the temporary injunction pending the suit. The injunction has been vacated mainly on the ground that granting of such injunction is prohibited by section 26 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as the Act ). The correctness of that view is challenged herein. It is necessary to state a few facts for a proper appreciation of the question arising herein.

( 2 ) DEFENDANTS 1 to 3 filed a declaration of their holding under section 8 of the Act. In the declaration they stated that the five items of land concerned herein, with a total extent of Ac. 63-07 cents have been sold by them to plaintiffs 1 to 7 herein, under an agreement of sale, dated 29th November, 1971 for a consideration of Rs. 45,000. During the course of enquiry before the Land reforms Tribunal, the 5th plaintiff Was also examined in support of the said contention. The Tribunal, however, rejected the contention and included the five items in question in the holding of defendants 1 to 3. No appeal was filed aga