M.Y.Eqbal, J.

1. This civil revision application is directed against the order dated 28.9.1996 passed by 3rd Additional District Judge, Saran in Miscellaneous Appeal No. 108/94 whereby he set aside the order dated 6.10.94 passed by Munsif. III. Chapra in Title Suit No. 76/94 by which defendant opposite party was restrained from alienating the suit land till further order is passed in suit.

2. The plaintiff petitioner filed the aforementioned suit against the defendant opposite party for a decree of Specific Performance of Contract and also for confirmation of possession with respect to the suit lands measuring an area of 8 katha, 1 dhur towards north of plot No. 1615 appertaining to khata No. 182 situated in Mauza Hakma, District Saran. The plaintiffs case, in brief, is that he purchased a portion of plot No. 1615 towards eastern side and constructed his residential house. On 20.12.93 uncle of defendant No. 1 agreed to sell his share towards southern side of the said plot to the plaintiff and on that day, he gave possession of the said land on payment of consideration amount and a sale-deed was executed on 22.12.93. It is alleged that on the same day the defendant also agre