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1990 Supreme(MP) 432

R.C.LAHOTI
Devi Prasad S/O Harishchand – Appellant
Versus
Babulal S/O Bhikaram Shivhare – Respondent


ORDER

R.C. Lahoti, J.

1. The defendant has come up in appeal aggrieved by an order of temporary injunction passed by the trial Court restraining the defendant/appellant from alienating the suit property and executing any sale-deed either in favour of Gurucharansingh or any other person.

2. The plaintiff/respondent has filed a suit for specific performance of an agreement to sell of the suit property said to have been entered into by the defendant in favour of plaintiff on 6-5-1988. The consideration recited is Rs. 20,000/- out of which Rs. 10,000/- are said to have been paid simultaneously with the execution of the agreement. The defendant has denied the execution of the agreement and receipt of part consideration. On the other hand, the plea is that on 17-4-1988 he has entered into an agreement to sell the suit property in favour of his tenant Gurucharansingh and Gopalsingh, parting with possession in their favour in part performance of the agreement. Admittedly, the possession is not with the plaintiff though it is disputed as to whether the entire suit property is in possession of the tenants or the defendant. The plaintiff prayed for an ad-interim injunction restraining the attemp





















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