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Issues involved: Application for grant of temporary injunction, validity of agreements, possession rights, remand by High Court.
Temporary Injunction Application: - Plaintiff filed for temporary injunction under Order 39 Rule 1 CPC. - Trial Court granted temporary injunction, later termed as permanent injunction, restraining interference with plaintiff's possession. - High Court allowed appeal by defendants, remitted matter to District Court, and directed maintenance of status quo. Validity of Agreements: - Plaintiff claimed ownership based on unregistered agreement of sale with deceased owner's legal heirs. - Defendants contested, citing registered agreement of sale in their favor. - Trial Court deemed agreements void due to lack of competent authority permission. - High Court found trial Court's reliance on compromise decree erroneous, remitted matter for fresh decision. Possession Rights: - Trial Court held plaintiff had permissive possession, irrespective of title. - Defendants claimed possession based on agreements and sale deeds. - Court Commissioner verified plaintiff's possession in a special suit. - Trial Court granted temporary injunction based on plaintiff's prima facie case. Remand by High Court: - Supreme Court criticized High Court's remand, stating it should have decided the appeal directly. - Supreme Court decided not to remand the case further, to avoid delays. Final Decision: - Supreme Court restored trial Court's order of granting temporary injunction. - Plaintiff directed to maintain status quo on the property pending suit disposal. This judgment involves the application for temporary injunction, validity of agreements, possession rights, and the remand by the High Court. The Supreme Court restored the trial Court's order of granting temporary injunction, emphasizing the plaintiff's prima facie case and the need to maintain status quo on the property.
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