M. P. CHANDRAKANTARAJ, J.

( 1 ) THIS Revision under S. 115 of the Civil P. C. is by the defendant in Original Suit No. 80 of 1985 on the file of the Munsiff Chickmagalur. It is directed against the order of the Civil Judge, Chickmagalur in Miscellaneous Appeal No. 11 of 1985 setting a aside the order of the trial court and granting temporary injunction restraining the defendant from removing the cut-timber from the private forest area.

( 2 ) BRIEFLY stated the facts leading to the suit are as follows - plaintiff had an agreement with the owners of the private forest by which itself standing timber either exploiting it by himself or by calling upon somebody to exploit on his behalf. With that agreement, he entered into another agreement with the defendant by which the defendant agreed to pay certain sums in a phased manner on the occurring of certain events specified in the terms of the agreement by which he was to cut and remove timber after making the payments. That some of the payments enumerated in the agreement have been made by the defendant to the plaintiff is not in dispute. After making the first three payments, the fourth payment was required to be made in the sum of Rs. 5,

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