( 1 ) THIS is an appeal under Order 43, Rule 1 (r), CPC by the plaintiff-company against the order by which its application under Order 39, Rules 1 and 2, CPC for temporary injunction for restraining the defendants from interfering with the possession of the plaintiff-company on the property in dispute has been rejected.

( 2 ) THIS appeal has been transferred by the Supreme Court by order dated 20-4-1998 in Civil Appeal No. 2140 of 1998 from Indore to Jabalpur and it has been assigned to this Bench by Hon'ble the Chief Justice.

( 3 ) THE facts which are not in dispute are that the defendant Nos. 1 to 4 with thirty other persons executed the agreement dated 13-9-1986 in favour of the plaintiff-company. By this agreement they covenanted to sell the property known as House Nos. 8 and 8-A (8/1 and 8/2) situated at Mahatma Gandhi Road, Indore to the plaintiff-company. This property consisted of 1,00,000 sq ft. of land with two houses constructed thereon. One house was on 1500 Sq. ft. in possession of defendant No. 1 Om Prakash Khandelwal and the other house was on 3500 sq. ft. in possession of defendant No. 3 Vijay Kumar Khandelwal. They are real brothers. They have been