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1936 Supreme(Mad) 205

VENKATARAMANA RAO
Muthuswami Pillai – Appellant
Versus
Manikka Moopan – Respondent


JUDGMENT

Venkataramana Rao, J.

1. This Civil Miscellaneous Second Appeal arises out of an application to enforce the terms of a security bond given by respondent 2 in the course of an interlocutory proceeding in the suit. The suit itself was for a permanent in-junction by the plaintiff against defendant 1 restraining him from interfering with the possession of the property. Immediately after filing the said suit he filed an application for a temporary injunction requesting the Court to restrain defendant 1 from interfering with his possession during the pendency of the suit, and when the application came on for hearing the parties seem to have entered into an agreement in and by which defendant 1 was to be in possession of the land in dispute during the pendency of the suit and he should, in case the plaintiffs title to the property is declared, pay him the profits of the said land.

2. It was also stipulated among other terms that for the fulfilment of this obligation defendant 1 must also furnish security. A joint meant bodying one terms of the agreement arrived at between the parties was filed in Court and the Court approved of it and took a security bond from responded 2 in the app

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