THANGAM Vs. JAYAVARMA TEXTILES PRIVATE LIMITED TIRUPPUR

JUDGEMENT

(1.) THE Revision Petitioner is the defendant in O. S. No. 209/2002 on the file of Principal District Munsif, Valliyoor. THE respondent filed the said suit for declaration that the plaintiff is the absolute owner of the suit property and for consequential permanent injunction restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit property.

(2.) THE parties are referred to as arrayed in the plaint. According to the plaintiff, the suit property, an extent of 1. 24 acres on the eastern portion out of 4. 61 acres in S. F. No. 720, Karunkulam village, was purchased by the plaintiff from one Balasubramanian, Shanmugam and muthuramalingam through their power agent Gnanathiraviam and Madathaiammal by registered sale deed dated 15. 7. 2002. On 18. 9. 2002, the defendant attempted to prevent the erection work of wind mill by falsely claiming title over the schedule property. Hence, the plaintiff filed the suit for declaration that the plaintiff is the absolute owner of the suit property and for consequential permanent injunction restraining the defendant, his men, agents etc. , from interfering in any manner with the plaintiff's peaceful possession and enjoyment of the schedule property. Pending the suit, the plaintiff also filed I. A. No. 975/2002 for injunction restraining the defendant from interfering with the plaintiff's peaceful possession and enjoyment of the suit property.

(3.) POINT No. 1: Order 39 Rule 1 of C. P. C. reads thus: "cases in which temporary injunction may be granted: where in any suit it is proved by affidavit or otherwise: - (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends, to remove or dispose of his property with a view to (defrauding) his creditors, (c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in the suit. The Court may by order grant a temporary injunction to restraining such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the Court thinks fit, until disposal of the suit or until further orders"