M N RAMU ALIAS RAMSHETTY Vs. SARASWATHAMMA

JUDGEMENT

(1.) This revision petition is preferred against the order dated 14-9-1990 passed by the Munsiff, Sagar on LA. No. IV in O.S. No. 30 of 1989. The facts relevant for the disposal of this petition, briefly stated, are as under:

(2.) The instant respondent- rplaintiff, Saraswath amma had filed O.S. No. 30/1989 on the file of the Munsiff, Sagar praying for a decree for permanent injunction restraining the revision petitioner-defendant from interfering with her possession and enjoyment of suit property which is a residential house. In the course of the said suit she had obtained a temporary injunction by an order dated 18-2-1989 against the defendant revision petitioner. When this was so it appears, according to the case made out by the instant respondent, that the defendant (revision petitioner) in violation of the order of temporary injunction with the aid of goondas removed the tiles of the house in question and dispossessed her from the suit house. Under these circumstances, the respondent filed the application at I A. IV praying to restore her possession after removing the defendant from the suit house.

(3.) The said application at LA. IV was resisted by the petitioner on various grounds. Among other things, he appears to have contended that the plaintiff-respondent was not in possession of the suit house at any time and that, therefore, the question of the former being dispossessed by the latter did not arise. He. also took up a contention that since there was no decree for possession the question of directing the defendant-revision petitioner to deliver the possession of the property to the plaintiffrespondent would not arise at all. He contended that the application at I.A. IV was untenable. On these grounds he prayed for the dismissal of the application at IA. IV.