JUDGMENT - B.A. MASODKAR, J.:---This appeal by original defendant No. 1 (since deceased and represented by his heirs) and original defendant No. 2 questions the decree made for permanent injunction restraining them from disturbing the possession of the plaintiff as far as the property "Sadanand Palace", outhouses and the land surrounding the said Palace otherwise than by due process of law.

2. Certain positions are not in dispute. The present suit was filed by the respondent-original plaintiff seeking the relief of injunction with regard to the said Palace as well as the agricultural lands numbering about eight, all situated at Ashagad, Mouje Aswe, Taluka Dahanu, District Thane. Although at the hearing of the appeal, the learned Counsel for the respondent-plaintiff submitted that the plaintiff pleaded any other type of legal possession, it is obvious from the plaint allegations that the plaintiff came to the Court alleging that there was an agreement for sale between the plaintiff and original defendant No. 1 (the original owner of the property), which was recorded on April 25, 1967. Under that agreement, it was the case of the plaintiff, the total considerations was Rs. 80,000/

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