S R RAMASAMY Vs. S R RANGASAMY

JUDGEMENT

(1.) (Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and decretal Order passed in C.M.A.No.8 of 2008 on the file of the III Additional Subordinate Judge and Appellate Authority, Coimbatore dated 27.01.2009 confirming the order passed in I.A.No.1104 of 2008 in O.S.No.1032 of 2007 on the file of I Additional District Munsif, Coimbatore.) The petitioner is plaintiff in O.S.No.1032 of 2007 on the file of the I Additional District Munsif, Coimbatore. The suit is for permanent injunction. He also filed an application under Order 39 Rule 1 and 2 C.P.C praying the Court to pass an order of temporary injunction against the respondent who is nothing other than his brother. In the affidavit he has stated that he is in possession of the suit property, cultivating the same, that his parents relinquished all their rights in the share allotted to his father in his favour and he has been exclusively taking care of them during their life time, that his father Range Gowder died on 26.2.1998 and his mother Rangammal died on 22.11.2002 and he has been in exclusive possession and enjoyment of the share allotted to Range Gowder as absolute owner thereof.

(2.) THE respondent filed the Counter, controverting the allegations in the affidavit by stating that the petitioner is cultivating the suit land that he is not at all cultivating the land after the payment of Rs.50,000/-; that after the death of the parents, the petitioner had trespassed into the land and he is an unlawful and illegal possession of the land and that the claim of relinquishment is also false.

(3.) CONVERSELY, Mr.S. Kumaresan, learned counsel for the respondent would contend that the petitioner has miserably failed to establish his prima facie possession in the suit property and there is no scope for grant of any temporary injunction in his favour and even though it was mentioned in the counter and written statement that he is in unlawful possession, he could not be granted the discretionary relief of temporary injunction.