Judgement

JUDGMENT :- This is an appeal by defendants 2 and 3 in a pending suit against an order of temporary injunction.

2. The respondent has instituted Title Suit No. 53 of 1976 in the court of the learned Subordinate Judge at Aska for declaration of title, confirmation of possession or in the alternative recovery of possession and for a decree for permanent injunction against defendants 2and3. The disputed property is a two-storied house located in village Mundamarai within the Aska Taluk. According to plaintiff, one Rama Chandra Misra was its original owner. In 1955, defendant No. 1 and Ignesu Patra jointly purchased the property by a registered sale deed dated 2-12-1955. On 9-4-1962 Ignesu sold his share in the property in favour of the first defendant and thus the first defendant became the sole owner. Plaintiff purchased the property under a registered sale deed dated 18-5-1972 for a consideration of Rs. 8,000/-. The second defendant had no right, title, interest or even possession over the property. The third defendant was a monthly tenant under the first defendant and on 31st of March, 1972, he surrendered possession to defendant No. 1. The first and the third defendants ha