MAHADEVAIAH Vs. SALES OFFICER

JUDGEMENT

(1.) This second appeal arises out of O. S No. 17/1978 filed by the plaintiff-appellant for a permanent injunction restraining the defendants fom distraining or interfering in any manner with the moveables of the plaintiff kept in the schedule premises and compelling the plaintiff in any manner to make payments and for costs

(2.) The case of the plaintiff is that he had raised a loan from the 2nd defendant-Society. It was a secured loan in a sum of Rs. 4,000/- in the year 1961; that an award was obtained by the 2nd defendant against him in the year 1963 for a sum of Rs. 4,480. 47 ps. and subsequently he paid a sum of Rs. 5.950/- and satisfied the award; that in spite of that, the 2nd defendant with his staff members surprisingly visited the schedule premises in which the plaintiff was residing and attempted to distrain the moveables of the plaintiff by force though they had no authority to do so. Hence the plaintiff filed the suit for a permanent injunction as stated above.

(3.) The defendants resisted the suit.