Honble RAO, J.–Leave granted.

(2). This is an appeal by the plaintiff in the suit and arises out of an application for grant of temporary injunction filed under Order 39 Rule 1 CPC by the plaintiff-appellant. The suit 337 of 1996 is now pending in the Court of the Civil Judge (S.D.), Baroda. The trial Court granted temporary injunction (wrongly described as perma- nent injunction) by order dated 2.8.1997 restraining interference with the appellants possession in respect of 8138 sq. meters in Survey No. 224 and 246 of Akota, Baroda District. On appeal by defendants 15 to 19, the High Court of Gujarat by orders dated 23.2.1998 in A.O. 409 of 1997, allowed the appeal and remitted the matter to the District Court and directed that meanwhile, the status quo on the spot be maintained. The defendants 1 to 14 support the plaintiff.

(3). It appears that the defendants 1 to 14 are the legal heirs of the owner, one Gulam Husain Momin who died on 12.5.1971. The plaintiff claims that the said owners executed an (Unregistered) agreement of sale dated 14.10.1980 in his fav- our and received Rs. 25,000 on that day and later received amounts on various days totalling Rs. 5,75,000 and the sale of the 8138 sq. meters was initially at the rate of Rs. 1.85 per sq. meter. Later by a subsequent agreement dated 6.4.1996, the rate according to the plaintiff was changed to Rs. 44,35 per sq. meter and a further sum of Rs. 1 lakh was paid. Plaintiff claimed to be in possession. The suit was filed on 15.6.1996 for perpetual injunction restraining the defendants 15 to 19 and 28 from entering into any sale transaction or agreement or transfer of the suit land and for not obstructing or interfering with plaintiffs possession of suit land.

(4). The defendants 15 to 19 and 28 contested the suit claiming that under a registered agreement of sale dated 16.7.1991 entered into by defendants 15 and 28, as power of attorney holders under a registered power of attorney dated 16.7.1991, the abovesaid vendors agreed to sell the same property to whomsoever defendants 15 and 28 would sell and possession was also given by a receipt dated 16.7.1991 to defendants 15 and 28. Thereafter, it is said that the said power of attorney holders sold this property to defendants 15 to 19 under five sale deeds dated 17.4.1996. Here it may be noted that it is the case of the owners that by a public notice dated 26.3.1996, the said owners (defendants 1 to 14) had cancelled the power of attorney dated 16.7.1991 and that even the agreement dated 16.7.1991 was not true. It is the case of the owners, defendants 1 to 14 that they had given possession to the plaintiff and even on date of suit, 15.6.1996, the plaintiff was in possession. These were bro- adly, the rival contentions.

(5). In the interlocutory application filed by the plaintiff, the trial Court held that the land being new tenure land, the agreements entered into by the owners in favour of the plaintiff on 14.10.1980 and 6.4.1996, even if true, were void as the requisite permission of the competent authority was not obtained. For the same reason, the agreement dated 16.7.1991 by defendants 15 and 28 in favour of defendants 15 to 20, even if true, and sale-deeds dated 17.4.1996 by defendants 15 and 28 in favour of defendants 15 to 19 were also void. However, on the question of possession, the trial Court relied upon the case of the owners (defendants 1 to 14) to the effect that they had put the plaintiff in possession. Hence, irrespective of title, the plaintiff had, at any rate, "permissive possession" and the defendants 15 to 19 and 28 were not in possession and the latter could not interfere with plaintiffs possession.

(6). The High Court, while dealing with this appeal preferred by defendants 15 to 19, observed that the trial Court had mainly relied upon a compromise decree dated 14.8.1992 between the owners (defendants 1 to 14) and defendants 20 to 25 in an earlier suit, bearing Suit No. 1384/88 filed by defendants 20 to 25 against

Click Here to Read the rest of this document