ARUNA JAGADEESAN
Judit Victor Ignace represented by Power of Attorney Bharathi – Appellant
Versus
Kothandaraman – Respondent
The plaintiff in O.S.No.1017 of 1993 on the file of District Munsif, Pondicherry is the petitioner in C.R.P.No.1427 of 1996. He has filed the said suit against the respondents herein seeking for a decree for injunction restraining the first respondent from interfering with the peaceful possession of the suit properties. Pending the suit, he filed an application I.A.No.4634 of 1993 for the grant of interim injunction till the disposal of the suit on the ground that he is in possession of the suit property. The claim of the first respondent that he was a cultivating tenant had been negatived by the decree of the civil court and as such he cannot interfere with physical possession and enjoyment of the suit properties by the petitioner. This application was opposed by the respondents contending that the respondent was declared as cultivating tenant by the revenue authorities and by virtue of the order dated 11. 93 in E.A.No.l of 1993 in PCTPA.No.5 of 1983 the respondent was put in possession of the properties. Since the possession has been restored to the respondent by the revenue authorities, the physical possession and enjoyment of the suit properties is with the respondent
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