BALU @ BALACHANDRAN Vs. KIRUPANANDAM

JUDGEMENT

(1.) This Civil Revision Petition is filed by the defendant in the suit in O.S. No. 14 of 2012 on the file of Additional Subordinate Court, Kumbakonam as against the order of dismissal of the petition filed by him seeking to get expert opinion in respect of the document in question.

(2.) The respondent herein filed a suit for permanent injunction and restraining the defendant/revision petitioner from interfering with the peaceful possession and enjoyment of the property and for recovering a sum of Rs. 1,05,000/- by way of compensation.

(3.) The case of the respondent in the suit is that the suit property belonged to Arulmigu Mahalingam Temple and that the said property has been enjoyed by the plaintiff by way of lease. The respondent further stated that the lease deed dated 30.06.1997 was executed in favour of the plaintiff and that the same also was recorded by the Record Officer under Act 10 of 1989. It is further stated in the plaint that the defendant was given a licence to pluck the fruits from the standing trees and that as per the handwritten receipt, the defendant has agreed to pay certain amount as premium. As per the agreement, the defendant has also agreed to do certain things apart from the premium, he had agreed upon. It is further stated in the plaint that the defendant has committed default and failed to maintain the orchard as per the agreement entered into between the plaintiff and the defendant. Since the defendant was given only a licence, it is further stated that plaintiff cancelled the agreement by a notice dated 19.08.2011 and demanding a sum of Rupees One Lakh. Though a reply was sent by defendant disputing default, the plaintiff denied the averments in the reply and instituted a suit for permanent injunction and for recovery of a sum of Rs. 1,05,233/- as compensation.