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TMI Blog2021 (5) TMI 845X X X X Extracts X X X X X X X X Extracts X X X X ..... or perpetual injunction restraining the respondents from interfering with the peaceful possession and enjoyment of the appellant over the suit schedule property. 4. It is the case of the appellant in the suit that he is the absolute owner and possessor of agricultural land admeasuring Ac.3.31 gts., in Sy.No.104/E, Ac.2.21 gts., in Sy.No.105/E, Ac.0.04 gts., in Sy.No.106/E and Ac.2.17 grs., in Sy.No.125/E totaling Ac.8.24 gts., at Parupally Village, Rajapet Mandal, Yadadri-Bhongir District. According to him, he obtained these properties towards his share in the oral family partition between himself and his brothers. This took place long time ago. He claimed that he is in peaceful possession and enjoyment of the same ever since the said oral ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents had filed O.S.No.108 of 2019 for specific performance of the Agreement of Sale dt.02.07.2016 wrongly alleging that possession of the suit schedule property was delivered to them after one month of the Agreement of Sale for the purpose of development, that they had leveled the land and removed bushes and boulders and fenced the same with barbed wire and stone pillars and they had laid approach road to the suit schedule property by purchasing land from third parties and claiming that they are in possession of the suit schedule property. 9. The appellant contended that mutation was made in the pahani on 25.06.2019 illegally by Tahsildar, Rajapet Mandal of the names of the respondents, which was challenged before the Revenue Divisional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th his peaceful possession and enjoyment of the suit schedule property pending disposal of the suit. He asserted therein that he is in possession and enjoyment of the suit schedule property. Stand of respondents in I.A.No.142 of 2020 14. The respondents filed counter affidavit opposing grant of interim relief to the appellant. 15. They contended that they are in actual possession of the suit schedule property as agreement holders having purchased the same from the appellant under the Agreement of Sale for valid consideration and stating that on 02.07.2016 they also paid advance sale consideration. They contended that the appellant handed over physical possession of the suit schedule property to the respondents orally for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... execution of the registered sale deed and the notice was dispatched on 11.05.2019 to the address of the appellant and after coming to know about the same, the appellant got returned the notice and got issued a false legal notice on 22.05.2019. 21. In I.A.No.142 of 2020, the appellant filed Exs.P1 to P15 and the respondents filed Exs.R1 to R6. The order dt.14.9.2020 in IA No.142 of 2020 22. By order dt.14.09.2020, the Court below dismissed I.A.No.142 of 2020. 23. The Court below noted the respective contentions of the parties, and the admitted fact about the execution of the written Agreement of Sale dt.02.07.2016 between the appellant and the respondents and in particular the recital therein that the appellant declared that in future t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o.142 of 2020 filed by the appellant for temporary injunction restraining the respondents from interfering with his alleged peaceful possession over the suit schedule property till the disposal of the suit; that under Ex.P1 Agreement of Sale dt.02.07.2016 there is no mention of delivery of possession; that the said Ex.P1 Agreement does not create any right, title or interest in the suit schedule property; that the respondents had committed breach of contract by not paying the balance sale consideration; that the respondents could not have got their names mutated as possessors in revenue records and such entry in revenue records had no probative value; and on the basis of such mutation entries in revenue records, the respondents cannot be sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h was already availed by him before the Joint Collector, Yadadri-Bhuvanagiri District and it is pending. 35. Also, the respondents had already filed O.S.No.108 of 2019 seeking specific performance against the appellant and in the said suit, they had filed I.A.No.682 of 2019 to restrain the appellant from alienating, encumbering or mortgaging the suit schedule property specifically pleading that they are in possession thereof; and on 06.09.2019, there was a temporary injunction granted in favour of the respondents and against the appellants in I.A.No.682 of 2019. 36. 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. 37. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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