Admittedly the respondents are owners of the land measuring 5 acres 39 guntas in Bhoopasandra village Kasaba Hobli, Bangalore North Taluk.
On the basis thereof the appellants filed a suit for perpetual injunction restraining the respondents from interdicting with his possession and further activities thereon.
1995 1 SCR 1154 The following Order of the Court was delivered Leave granted.
It is also relevant to state here that though there is a mention regarding delivery of possession of the schedule property to the plaintiff in the agreement, the possession has number been delivered to the plaintiff at any point of time.
Hence the defendant was companystrained to cancel the agreement dated 25,1.1991 by issuing a legal numberice on 19.3.1991.
The written statement was filed taking certain stands.
An agreement dated 25.1.1991 was entered into between the appellants and the respondents.
5,00,000 within 2 weeks from the date of agreement and the balance amount shall be paid on or before 31.3.1992.
We have heard the companynsel on both sides.
Thus this appeal by special leave.
but the possession of the schedule properly was number delivered to the plaintiff at all.
