S.M.ALI MOHAMED, MISHRA
V. A. Padmanabhan and others – Appellant
Versus
M. A. Narasimhan and others – Respondent
Mishra,.J.
The impugned order, according to us, has no infirmity and the appeal deserves to be dismissed in limine. However, since learned counsel for the appellants has persuaded us to consider the appellants’ case for injunction, in particular, on the plea of possession as an independent relief of injunction, we have heard him at length and we record our opinion in some detail.
2. According to the plaintiff-appellants, the respondents executed an agreement on 13. 1981 to sell the suit properly for a total consideration of Rs.6,00,000 and received an advance of Rs.1,50,(XX) from the plaintiffs/appellants by way of part performance of the agreement by the plaintiffs and put them in possession of a portion of the Schedule mentioned property, which was vacant, and further authorised the plaintiffs/appellants to recover vacant possession of the remaining portions occupied by third parties. It was agreed that the sale would be completed within three months after possession of the entire suit property was obtained or within six months from the date of execution of the agreement whichever was later. The plaintiffs who got possession over a portion of the suit property from th
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