NARASIMHAMOORTHY Vs. MALLANNA

JUDGEMENT

(1.) 1. This matter coming up for orders for vacating stay, it is finally disposed of by the following order.

(2.) This Civil Revision Petition under Section 115 of the Code of Civil Procedure is by the defendant. He is aggrieved by the granfof temporary injunction in favour of the plaintiff by the lower appellate Court which reversed the finding recorded by the trial Court that the plaintiff had not made out a prima facie case. In coming to the conclusion that the trial Court has erred in law, the lower appellate Court has based its finding on the sale-deed of the suit land in favour of the plaintiff, the execution of which was admitted by the defendant The mere fact that at a point of time, namely, in the year 1981, the Tahsildar in proceedings under the Karnataka Land Revenue Act, re-entered the name of the defendant changing the mutation in favour of the plaintiff effected earlier consequent upon the suit sale-deed, prima facie, cannot prove possession because such proceedings of the Tahsildar would be contrary to the presumption raised under Section 133 of the Land Revenue Act and it is nobody's case that the defendant filed a suit and got a direction from the civil Court for rectification of the entries made prior to 1981. Therefore, leaving all questions open which are raised as issues in the suit, the temporary injunction in favour of the plaintiff must be sustained as possession follows title unless contrary is proved satisfactorily by cogent evidence. On mere documents issued by any authority presumption under Section 133 cancel each other having regard to the fact that prior to 1981, the plaintiff was said to be in possession. Therefore, the revision petition is not maintainable as there is no impropriety and illegality in the order of the lower appellate Court in taking a different view than the trial Court and granting temporary injunction.

(3.) The Revision Petition stands dismissed subject to the observations earlier made that all issues in the suit are left open to be decided on evidence. Revision dismissed.