Judgment

MAHAJAN J. : This appeal arises in the following. circumstances: Under a muchilika dated 1-8-1945 the respondent took on lease from the appellant the land in suit for a period of three years on the fixed rental mentioned therein. The lease expired on 30-6-1948. Before the expiry of the three years period the respondent filed Summary Suit No. 87 of 1948 in the revenue Court for grant of a patta in respect of the suit land on the allegation that he had acquired permanent rights of occupancy against the landholder. It was alleged that the land had not been surrendered to the landholder on the expiry of the lease. During the pendency of this summary suit, on 4-8-1948 the plaintiff-appellant filed the suit, out of which this appeal arises in the Court of the Subordinate Judge, tanjore, for a permanent injunction restraining the defendant from interfering with the appellant s possession of the land in suit.

It was alleged that the plaintiff had entered into possession of the suit properties after the expiry of the lease, and part of the land had actually been brought under cultivation, that the respondent-defendant was threatening to take forcible possession of the properties w