SIVARAMAN Vs. V C NARAYANAN

JUDGEMENT

(1.) This is a civil revision petition filed by the defendant in a suit for injunction. The plaintiff is a building tenant of the defendant. The plaintiff's case is that when the tenant plaintiff wanted to install certain machineries in the tenanted premises the defendant attempted to cause some obstructions and that necessitated the filing of the suit.

(2.) The contention of the defendant is that the suit premises was never in the occupation of the plaintiff and that he is attempting to trespass into the suit premises and to facilitate the trespass into the suit premises he has filed the suit. The defendant further contended that the plaintiff is in occupation of only a chayippu and that be is not in occupation of the shed in question.

(3.) In order to establish his case, the defendant wanted a commission to be appointed by the court for local inspection. The court appointed a commission and the Commissioner has filed a report on 23-11-1984. The plaintiff filed objection to the Commissioner's report. No objection has been filed by the defendant to the Commissioner's report.