BYADARA BHEEMAPPA Vs. BANGARA RAJU

JUDGEMENT

(1.) This a plaintiff's revision against the concurrent findings of the trial Court and

(2.) The Courts below have negatived that contention on the ground that the rule of res judicata at the stage of granting the temporary injunction should not be examined but at a later stage of the suit.

(3.) If there is no direct prima facie evidence to prove the possession and what was offered was suspected in as much as it was over written (the Record of Rights extract) refusal to grant temporary injunction on such evidence cannot be held to be improper exercise of jurisdiction or failure to exercise the jurisdiction.