JUDGMENT - DESHMUKH D.K., J.:---The Honble the Chief Justice has constituted this Bench for consideration and decision of the following point.

"Whether a suit simplicitor for injunction which is filed seeking protection under section 53-A of the Transfer of Property Act is maintainable."

2. The facts giving rise to the reference are, one Eknath Pandharinath Nangude, present respondent, filed a civil suit seeking a decree of perpetual injunction restraining the defendant, present appellant, from disturbing the possession of the plaintiff of two acres of land out of Gat No. 102 situated at village Gorhe Khurd, Taluka Haveli, District Pune. The case of the plaintiff is that on 20-2-1975 an agreement of sale was entered into between the plaintiff and the defendant for sale of two acres of land from Gat No. 102 situated at village Gorhe Khurd, Taluka Haveli, District Pune (hereinafter referred to as the "suit land") for consideration of Rs. 9,000/- on the date of the agreement an amount of Rs. 5,000/- out of the agreed consideration was paid by the plaintiff to the defendant and the defendant placed the plaintiff in possession of the land. According to the plaintiff on 25-2-1977 he paid

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