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1971 Supreme(Mad) 660

GOKULAKRISHNAN
A. A. Abdul Rasheed – Appellant
Versus
L. M. Basheer Ahmed Rowther – Respondent


Advocates:
T.R. Srinivasan and K. Ramanathan, for Appellant; V. Ratnam, for Respondents.

Judgement

JUDGMENT:- The petitioner herein filed I.A. No.276 of 1971 in O.S. No.65 of 1971, on the file of the Court of the Subordinate Judge, Thanjavur, under Order XXXIX, Rule 1, C.P.C, praying to pass an order of ad interim injunction restraining the respondents from entering upon the suit properties and disturbing his peaceful possession and enjoyment of the same till the disposal of the suit. The trial court dismissed that application. Aggrieved by the said order, the petitioner has filed the present appeal.

2. The petitioner's suit is for specific performance of a contract to execute a sale deed by the respondents in favour of the petitioner and for a permanent injunction. The suit properties consist of two items, of which the first item measures 99 cents and the second item measures 29 cents. The first respondent is the owner of these properties, and the appellant had taken a lease thereof for the purpose of running a cinema theatre. Ex.A-1 dated 5-3-1966 is the lease deed in favour of the appellant for a period of five years. Ex.A-2 dated 17-9-1968 is the agreement for sale of these items to the appellant by the first respondent. It is on the basis of Ex-A-2 that the plaintif









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