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2021 (5) TMI 845 - HC - Indian LawsDishonor of Cheque - Suit against the respondents for perpetual injunction restraining the respondents from interfering with the peaceful possession and enjoyment of the appellant over the suit schedule property - HELD THAT:- Since the appellant is seeking temporary injunction against the respondents contending that he is in possession of the suit schedule property, the burden is on the appellant to first establish that he continues to be in possession of the suit schedule property. Such possession in respect of agricultural land is normally reflected in the Village pahanies - Even according to the appellant, the column dealing with possession in Village pahani dt.25.06.2019 in respect of the subject property shows the names of the respondents and not the name of the appellant. The instant suit has been filed on 06.07.2020, long after the respondents obtained the interim injunction orders on 06.09.2019 in IA No.682 of 2019 in OS No. 108 of 2019 - On the pretext that there is no mention of delivery of possession in Ex.P1 Agreement of Sale, it is not open to the appellant to contend that he continued to be in possession particularly when such alleged possession is not supported by revenue records such as pahanies. The Court below did not commit any error in refusing to grant temporary injunction in favour of the appellant - Appeal dismissed.
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