MEHARUNNISA BI Vs. NARAYANAVELU

JUDGEMENT

(1.) IN respect of 2 acres 17 cents of lands covered by S.Nos.224/2, 225 and 226, Rajakkal Village, Gudiyatham Taluk, there had been scramble for possession between Meharunnisa Bi, the revision petitioner herein and one Narayanavelu, the respondent herein and his father Muthu. The claim of the respondent and his father is that the above said extent of land had been leased out to them and that they had been in possession and enjoyment of the same for well over forty years. The revision petitioner, it appears, filed O.S.No.187 of 1982 on the file of the District Munsif, Gudiyatham in respect of the aforesaid extents of lands praying for the relief of declaration and permanent injunction impleading the respondent herein and his father, as party defendants. After hot contest, the suit had been decreed as prayed for.

(2.) SUBSEQUENTLY, the father of the respondent filed O.S.No.79 of 1986 on the file of the District Munsif, Gudiyatham for bare injunction in respect of the very same properties impleading the revision petitioner herein as the defendant. He also filed, it appears, an interlocutory application for ad-interim injunction and the same had been granted as prayed for and subsequently made absolute.

(3.) ON the facts and circumstances of the case, I am of the view that the order of learned District and Sessions Judge, North Arcot at Vellore, cannot at all be stated to be perverse calling for interference. No doubt true it is that the revision petitioner's title to the said extent of lands had been declared and consequential relief of injunction had been ordered as prayed for in O.S.No.187 of 1982. It is also not in dispute that subsequent to the judgment and decree in O.S.No.187 of 1982, the very same learned District Munsif, before whom the respondent's father, namely, Muthu had filed O.S.No.79 of 1986 for bare injunction in respect of the very same properties had been pleased to pass an order of temporary injunction, pending disposal of the suit and such an order had been agitated by the revision petitioner herein by filing C.M.A. before learned Subordinate Judge, Vellore and the same is pending.