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2001 Supreme(MP) 734

S.P.KHARE
Maltibai – Appellant
Versus
Subhashchandra – Respondent


Advocates Appeared:
Alok Aradhe, J.P.SANGHI,

Judgment

( 1. ) THIS is defendants revision against the order dated 2-7-2001 by which the plaintiffs appeal under Order 43 Rule 1 (r), CPC has been allowed and the defendant has been restrained by temporary injunction from interfering with the possession of the plaintiffs on the lands in dispute till the decision of the suit.

( 2. ) ARGUMENTS of both sides heard. Defendant Maltibai was admittedly the Bhumiswami of the lands in dispute Khasra No. 273 area 1. 008 Hectare and Khasra No. 275 area 0. 279 Hectare of Village Athner, Tehsil Bhaisdehi, District Betul. Her name is still recorded in the Khasras in column No. 3 as Bhumiswami. There was an agreement datetf 7-7-1983 between Maltibai and Meerabai by which the former agreed to sell these lands to the latter. The plaintiffs are heirs of Meerabai. Both sides have made allegations regarding the breach of this agreement by the other. The fact remains that Meerabai did not file any suit for specific performance of contract and therefore there is no registered sale-deed in her favour on the basis of which she could acquire title to these lands. Meerabai got her name recorded in the khasras in the remarks column as Maurusi Khashtkar. It is





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