1. The respondent No.1-Chandrakumar Parasmalji Chordiya is the original plaintiff and he had filed Regular Civil Suit No.93 of 1995 claiming the reliefs as under :

“a) Defendant, his family members, his agents, his servants, or any other person on their behalf be restrained permanently from making any interference and obstruction to the enjoyment and cultivation over the field Survey No.16/3; Gat No.54; Area 2 Hec, 57 Are of village Nilapur, Tq. Wani, Distt. Yavatmal by way of permanent injunction.

(b) Defendants his family members, their agents, their servants, or any other person on their behalf be restrained perpetually from making any interference and obstruction to the cultivation and enjoyment over the field Survey No.16/3; Gat No.54; Area 2 Hec. 57 Are of village Nilapur perpetual injunction.

(c) Any other suitable relief for plaintiff is found entitled may be granted to him.

(d) Cost of the suit be saddled on the defendant.

A decree be drawn accordingly.”

In para 2 of the plaint, it is averred that the defendent agreed to sell the suit property to the plaintiff for a total consideration of Rs.60,000/on 2-9-1994 by executing the Isarchitthi and an earnest amount of Rs.45