1. - Vide Order dated 25.11.05, the District Judge, Jaipur had passed an interim order in favour of the M/s. Aerens Goldsouk International Ltd. (henceforth to be referred to as the respondent', for short) under Section 9 of the Arbitration and Conciliation Act, 1996 (henceforth to be referred to as `the Act', for short). Under the said Order, the appellants, Mr. Samit Kavadia and M/s. Indra Colonizers (P) Ltd. (henceforth to be referred individually by their names and collectively to be referred to as 'the appellants', for short) were restrained from "alienating by way of sale, lease, mortgage or creating any charge or interest by way of further agreement to sell to any third party or raising any structure on the land till the settlement of the dispute between the parties by Arbitrator." They were further prevented from "raising any structure on the land in dispute and changing its character till the dispute between the parties under the Act of 1996 is finally decided". Since both the appeals challenge the said Order, they are being decided by this common judgment.

2. These appeals have a checkered history. On 8.3.2002, the Director, Tourism and Culture Department issued two separate 'Pattas" (Title Deeds) in favour of the appellant, Mr. Samit Kavadia under Rajasthan Land Revenue (Industrial Area Allotment) Rules, 1959. According to the first 'Patta', the Government had agreed to allot 5 Bighas and .06 Biswa of land situated in Village Amer and to further allot 5.16 Hectares of land situated in village Nagla. Susawatan, Tehsil Amer to Mr. Samit Kavadia. Similarly, by the second "Patta" the Government had agreed to allot 3.81 Hectares of land situated in Village Nagla Susawatan, Tehsil Amer, District Jaipur to Mr. Kavadia. However, the second 'Patta' was given to Mr. Kavadia in his capacity as the power of attorney holder of Mr. Gajanand Meena and of Mr. Mangala Meena, both members of the Scheduled Tribe community. Both these "Pattas" were issued with certain conditions : according to Condition No. IV, the allottee was required to construct a 30 tourism complex or a hotel within two years from the date of allotment. In case he failed to do so, the land would revert back to the government. According to Condition No. VII, the allottee could not transfer his rights of the land to any other person without the written permission of the government. However, despite the allotment of land to Mr. Kavadia for the 35 purpose of establishing a tourist complex or a hotel, he failed to do so within the stipulated period of two years. The said allotment was going to lapse on 8.3.2004.

3. On 8.3.2004 itself, Mr. Kavadia entered into a Memorandum of Understanding (henceforth to be referred to as 'the MOU', for short) with the 40 respondent, for the entire land covered by the two ''Pattas". It is essential to point out that the total land consists of two parcels of land, namely the first part consisting of 31 Bighas, 12 Biswas (about 8 Hectares) of land in Villages Amer and Nangal Susawatan, both in Tehsil Amer, Dist. Jaipur and the second part consisting of 0.81 Hectares of land situated only in Village Nangal Susawatan, Tehsil Amer, Dist. Jaipur. Both the parcels of land are adjacent to each other and form a continuous plot of land in a rectangular shape. This is obvious from the map submitted before this . However, while the first parcel of land is the property of Mr. Kavadia as the "Karta" of a HUF, the second parcel of land belongs to Mr. Gajanand Meena and Mr. Mangla Meena, both members of a Schedule Tribe. Mr. Kavadia is merely their power of attorney holder.

4. But in the MOU, Mr. Kavadia claimed to be the absolute owner" of both the parcels of land. He further assured the respondent that "the property is free from all encumbrances and he is entitled to sell the said property along with the lease-hold rights and to get the property mutated in favour of the Vendee (the respondent) or its nominee". According to the 15 MOU, Mr. Kavadi