JUDGMENT - B.N. DESHMUKH, J.:---This Second Appeal by original defendant against whom suit was filed by the plaintiff for claiming perpetual injunction restraining him from causing obstruction in the possession of the plaintiff over the suit property---gat numbers 440 and 443 of village Dongaon, Taluka Jafrabad. The facts which are not in dispute are as follows :

That the defendant-appellant in this Appeal is the owner of the suit land. On 30 August, 1974, he executed an Issar Parvati i.e. agreement of sale in favour of the plaintiff. The agreement of sale recites that on the date of the document, defendant received Rs. 5,000/- and agreed to receive the balance on the date of the sale-deed. Further it recites that the possession of both the lands in dispute was delivered to the plaintiff on that date. These facts are not in dispute, and were not disputed before me.

2. The plaintiffs filed a suit for injunction simpliciter on the ground that he was put in possession on the agreement of sale and defendant is causing obstruction to his possession.

3. The trial Court, as well as the lower Appellate court held in favour of the plaintiff and the suit of the plaintiff was decreed.

4. Learned

Click Here to Read the rest of this document