JUDGMENT

K.M. Joseph J., The appellants call in question the order passed by the Sub Court, Pathanamthitta, by which the interlocutory application seeking interim injunction restrained the respondent/defendant and all persons under him from felling or removing and taking yield from trees standing in his property has been rejected. The first appellant is a private limited company. The second appellant is the shareholder of that company.

2. Briefly put the case of appellants is as follows. The scheduled property admeasuring 57 acres of rubber plantation belongs to first appellant company. The shares of the company are held by the 2nd appellant along with T.O.Aleyas, Abraham Baby, Gigi Kuriakose and Biju Zachariah. On 10.6.2009 the shareholders entered into an agreement with the respondent and they agreed to convey their respective shares in the first appellant company to the respondent for a total consideration of Rs.3,40,00,000/- (Rs.Three crores forty lakhs). It is stated that an amount of Rs.1,50,00,000/- (Rs.one crore fifty lakhs) was received as advance sale consideration. It is further case of the appellants that the respondent has agreed and assured to pay the balance amount wi