Umeshwar Pandey, J.—In this First Appeal from order, the judgment under challenge is an interim order dated 27.8.2004 passed by the Civil Judge (Sr. Division), Allahabad by which the Court below has restrained the appellant-defendant from carving out plots in the disputed land and from transferring it to the prospective purchasers through sale and thus from dispossessing the plaintiffs from the property.

2. In the factual background of the disputes between the parties in the present declaratory suit the subject-matter is one Bungalow No. 11, Kanpur Road, Allahabad which happens to be a “Nazool” property initially given to Smt. Sehar Bano on lease of 90 years. She being the owner of the lease hold rights in the property, had contracted on 20.6.1976 with one Mahesh Chandra Gupta to transfer those rights in the property for a consideration of Rs. 1,00,000 to a person nominated by him. She had also received a sum of Rs. 50,000 as earnest money. In pursuance to this agreement of sale of the lease rights in the property, a permission from the competent authority for such transfer of rights was required but meanwhile Smt. Sehar Bano died on 7.9.1978.

Thereafter, her legal represe