The main legal point established in the judgment is that the defendant could not maintain an application for injunction under Order 39, Rule 1, clauses (b) and (c) and Rule 2, CPC, and the appropriate remedy available to the defendant in case of refusal of injunction under Section 151, CPC.

( 1 ) THE revision petitioner is the plaintiff fore munsiff, channagiri in o. s. No. 44 of 1991, a suit filed by him for specific performance of the alleged agreement to sell in his favour in respect of the suit property. During the pendency of the said suit, the defendant filed an application under order 39, rules 1 and 2 read with Section 151, CPC numbered as i. a. iv for grant of temporary injunction against the plaintiff to restrain him from interfering with his peaceful possession and enjoyment of the suit property. That was opposed by the plaintiff. The learned niunsiff after considering the merits of the claim put forward by the defendant in the said application held that he had not made out a case for grant of injunction and consequently dismissed the said application. The defendant being aggrieved by the said order of the learned niunsiff preferred miscellaneous appeal No. 29 of 1991 on the file of civil judge, bhadravathi who came to the conclusion that the order of the niunsiff rejecting the prayer made by the defendant was perverse and arbitrary and caused injustice and therefore it was liable to be set aside and therefore lie allowed la. Iv filed by the defendant before the trial court and granted injunction in his favour restraining the plaintiff from interfering with his peaceful possession and enjoyment of suit properly. It is being aggrieved by this order of the learned civil judge that the plaintiff has preferred this revision petition.

( 2 ) THE short points thai arise for consideration in this revision petition arc: (1)whether the defendant could seek for redress against the plaintiff by having resort to order 39, rules 1 and 2, CPC to protect his possession, and (2) if the defendant cannot seek for relief under order 39, rules 1 and 2, CPC, whether he could have preferred an appeal to the learned civil judge when his application for grant of injunction came to be dismissed.

( 3 ) UNFORTUNATELY, both the courts below have not bestowed their attention on these important aspects that arise for consideration in a case of this kind. However, as the position in law is beyond any kind of dispute, the learned advocates were heard with reference u1 these two points.

( 4 ) ORDER 39, rules 1 and 2, CPC after 1976 amendment read as hereunder:"1. Where in any suit it is proved by affidavit or otherwise (a) thai any properly in dispute in a suil is in danger of being wasted, damaged or alienalcd by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors, (c) that the defendant threatens or dispossess, the plaintiff or otherwise causes injury to the plaintiff in relation to any property in dispute in the suil, the court may by order grant a temporary injunction lo restrain such Act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the properly or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the court thinks fit, until the disposal of the suit or until further orders. 2. (1) in any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right. (2) the court may by order grant sucb injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the court thinks fit. "these Provisions make it abundantl