The main legal point established in the judgment is that possession rights and entitlement to relief of interim injunction are determined by the terms and conditions of the Agreement between the parties involved, and no injunction could be issued against the true owner at the instance of persons in unlawful possession.

Dr. Shalini Phansalkar Joshi, J.

Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Patil, learned counsel for the Petitioner, Mr. Thorat, learned counsel for Respondent Nos. 1 and 2, and Mr. Madane, learned A.G.P., for Respondent No. 3-State.

2. By this Petition, filed under Article 227 of the Constitution of India, the Petitioner is challenging the Judgment and Order dated 28th November 2017 passed by the Ad-Hoc Additional District Judge-1, Malshiras, thereby allowing the Miscellaneous Civil Appeal No. 26 of 2017 and vacating and setting aside the order of interim injunction granted by the Court of Civil Judge, Senior Division, Malshiras, vide its order dated 22nd August 2017 passed below "Exhibit-5" in Regular Civil Suit No. 9 of 2017.

3. The case of the Petitioner is that, the land ad-measuring 23 Acres, out of Gat No. 612, totally ad-measuring 10 H 52 R, situate at Village Mahalung, Taluka Malshiras, District Solapur, was given in possession of his mother Yashodabai as a 'tenant' by Brihan Maharashtra Syndicate Limited, as the said land was found to be in excess of the holding under the Maharashtra Urban Land (Ceiling and Regulation) Act. After the death of his mother, the Petitioner is in cultivation of the said land. It is his further case that, Respondent-Maharashtra State Agricultural Corporation Limited has, by calling the tenders, given the said land in joint-cultivation for a period of five years with M/s. Adhirat Trading Company Private Limited. The said period was further extended by one year. Thereafter, it was decided to extend the said period for further ten years from 19th May 2015 to 31st May 2025. M/s. Adhirat Trading Company was unable to cultivate the suit land single handedly and, therefore, it has given the said land, along with the other lands, to various farmers for cultivation. Thus, the Petitioner is in peaceful cultivation of the suit land. He is also paying the consideration amount regularly to M/s. Adhirat Trading Company; however, all of a sudden, Respondent Nos.1 and 2 have started obstructing his possession in the suit land on the count that, the Agreement they had entered into with M/s. Adhirat Trading Company Private Limited has come to an end, being terminated. In view thereof, the Petitioner was constrained to file the Suit for injunction with an application for interim injunction.

4. This application came to be resisted by the Respondent-Maharashtra State Agricultural Corporation Limited contending, inter alia, that, as the suit land, along with the various other lands situate in the said area, was found to be in excess of the holding, the Government has given this surplus land to Brihan Maharashtra Syndicate Limited and thereafter, it was given to the Maharashtra State Agricultural Corporation Limited i.e. Respondent Nos.1 and 2 herein. On 9th July 2015, the Respondent-Maharashtra State Agricultural Corporation Limited had entered into an Agreement with M/s. Adhirat Trading Company Private Limited for joint-cultivation of the suit land on certain terms and conditions. As per the said Agreement, M/s. Adhirat Trading Company was to give the Maharashtra State Agricultural Corporation Limited yearly amount of Rs. 5,81,20,100/- for the first year and thereafter, on subsequent years, M/s. Adhirat Trading Company was to pay the said amount with the increase of 10%. However, M/s. Adhirat Trading Company failed to pay the said amount and the cheques issued by the said Company came to be dishonoured. M/s. Adhirat Trading Company thereafter also failed to pay the subsequent amounts. As a result, on account of breach of the mandatory terms and conditions of the Agreement on the part of M/s. Adhirat Trading Company, the Respondent-Maharashtra State Agricultural Corporation Limited was constrained to terminate the said Agreement and has, thus, become the absolute owner of not only the land but also of the standing crops thereon. It is subm