1. This Revision under S. 115; of the Civil P.C. is by the defendant in Original Suit No. 80 of 1085 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 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 it 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 scenes 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 the defendant has made some of the payments numerated in the agreement to the plaintiff is not in dispute. After taking the first three payments, the fourth payment was required to be made in the sum of Rs.5, 00,000/-. That amount was not paid by a sp