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1973 Supreme(Mad) 360

GOKULAKRISHNAN
Vadivel Mudaliar – Appellant
Versus
Pachianna Gounder – Respondent


ORDER :- The petitioners herein are defendants. The respondent filed O. S. No. 474 of 1972 before the District Munsif Court, Gobichettipalayam, for a permanent injunction restraining the petitioners herein from interfering with his right to leasehold possession and enjoyment of the suit properties on the ground that he is entitled to be protected under the Cultivating Tenants Protection Act. The respondent filed I. A. No. 812 of 1972 for an order of Interim Injunction till the disposal of the suit under Order XXXIX, Rules 1 and 2, C. P. Code. The petitioners herein filed I. A. No. 1110 of 1972 for vacating the ad interim injunction granted. The District Munsif took up both I. A. Nos. 812 and 1110 of 1972, and disposed of them by his order dated 3-7-1972. He held that there is a prima facie case made out by the respondent herein as lessee and as such he is entitled to protection by way of an interim injunction under Order XXXIX. Rules I and 2, C.P.C. Accordingly, the order of ad interim injunction already granted was made absolute.

2. Aggrieved by the decision of the District Munsif, the petitioners filed C. M. A. No. 88 of 1972 and the District Judge. Coimbatore (East) at Erode, dis














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