LAWS(MAD)-1998-7-12

BALARAJA Vs. SYED MASOOD ROWTHER

Decided On July 28, 1998
BALARAJA Appellant
V/S
SYED MASOOD ROWTHER Respondents

JUDGEMENT

(1.) 1. This civil miscellaneous appeal has arisen out of the order dated 19. 12. 1997 in I. A. No. 1199 of 1997 in O. S. No. 244 of 1997 on the file of the Principal Subordinate Judge, Srivilliputtur, granting an order of injunction against the appellants from interfering with the peaceful possession and enjoyment of the schedule mentioned property.

(2.) THE short facts of the case are as follows: THE first respondent/plaintiff filed the suit against the appellants and the second respondent, for specific performance of the sale agreement and to execute the sale deed in respect of the suit property and for injunction.

(3.) THE learned Principal Subordinate Judge, srivilliputtur considered the case in detail and after perusing the documents produced on both sides, has granted injunction in favour of the first respondent. It has held that there was a prima facie case in favour of the first respondent. It has also found that the petitioner has a prima facie case and also possession in his favour.