A plaintiff is entitled to an injunction if he is in possession of the suit property on the date of filing the suit.

( 1 ) THIS Revision is filed against the judgment passed in C. M. A. No. 15/94 on the file of Additional District Judge, Vizianagaram.

( 2 ) THE plaintiff who is the Revision Petitioner herein had filed the suit for perpetual injunction. He has also filed a petition for ad-interim injunction which was granted. Aggrieved by the said order the defendant preferred Civil miscellaneous Appeal which was allowed.

( 3 ) AGAINST the said Judgment in Civil Miscellaneous Appeal the present revision is filed by the plaintiff.

( 4 ) THE learned counsel appearing for the Revision petitioner submitted that d-Form Patta was given to the plaintiff in respect of Ac. 1-75 cents in the year 1976. Subsequently, D-Form Patta was also given in respect of the same land in favour of the father of the 1st respondent on 1-9-1986 as he is an ex-service man. The plaintiff stated that the subsequent granting of D-Form Patta in favour of the father of the 1st respondent was manipulated etc. This was considered by the Mandal Revenue Officer and the Mandal Revenue Officer after enquiry passed order in Ex. A-5, dated 27-12-1993 holding that the plaintiff is entitled for d-Form Patta and in pursuance of that order he put the plaintiff in possession on 2-1-1994. Aggrieved by the said order the respondent herself preferred appeal to Revenue Divisional Officer on 1-1-1994. There was no suspension granted in her favour. As stated earlier, possession was given to the Revision petitioner on 2-1-1994 by the Mandal Revenue Officer. Since stay was not granted by the Revenue Divisional Officer the respondent filed Writ Petition no. 56/94 on 3-1-1994. The same was disposed of holding that the petition cannot be entertained as Appeal is already preferred. However, in the Writ petition the learned Judge directed that status-quo as on the date of filing of appeal i. e. , as on 1-1-1994, shall be maintained. The learned Counsel submitted that while holding that the Writ Petition cannot be entertained in view of the availability of the alternative remedy, the learned Judge ought not to have given a further direction to maintain status-quo as on the date of filing the Appeal. The direction was given at the admission stage. The respondent (Revision petitioner) was not heard. So any observation made does not bind the Revision petitioner.

( 5 ) IN support of his contention he relied upon the judgment of the Supreme court in National Textile Workers Union etc. vs. P. R. Ramakrishnan and others, wherein it was held:- "there is a peculiar and surprising misconception of natural justice, in some quarters, that i t is exclusively, a principle of administrative law. It is not. It is first a universal principle, and, therefore, a rule of administrative law. It is that part of the judicial procedure which- is imported into the administrative process because of its universality. Courts even more than administrators must observe natural justice. " he also relied upon the judgment of the Supreme Court in The State of Orissa vs. Madan Gopal Rungta. In this case it was held:-". . . . . . WHEN the Court declined to decide on the rights of the parties and expressly held that they should be investigated more properly in a civil suit, itcould for the purpose of facilitating the institution of such suit, issue directions in the nature of temporary injunctions, under Article 226 of the constitution of India. "the learned Counsel further submitted that on the date of the suit i. e. , 9-2-1994, as per Government records the plaintiff was in possession. Further Exs. A-6 and a-7 which are dated 8-11-1993 and 22-3-1994 respectively, also show the possession of the plaintiff on the date of filing of the suit. Certainly he is entitled for injunction. He also further submitted that the lower appellate Court decided the case on mere presumptions and surmises and wrongly vacated the injunction granted by the trial Court, etc.

( 6 ) ON the other hand the learned Counsel appearing for the resp