ELANGO Vs. KASTHURI

JUDGEMENT

(1.) This Civil Revision Petition is filed by the defendant against the order dated 5.11.2008 passed in I.A. No. 512 of 2008 in O.S. No. 176 of 2008 passed by the learned District Munsif Court, Manaparai.

(2.) The respondent/plaintiff had filed the above said suit for permanent injunction restraining the petitioner from interfering with the possession and enjoyment of the suit property on the ground that the respondent is a tenant, who is carrying on the Pharmacy Business and that the agreement is oral and the period of tenancy is five years.

(3.) According to the petitioner, the lease was given to the respondent for a period of three years and the respondent had agreed to vacate the premises on the expiry of the lease period of three years and accordingly on 17.2.2008, he vacated the premises and also got the refund of Rs. 1,00,000/-, which he had paid as advance. Pending the suit, the respondent has filed the said application for appointment of an Advocate Commissioner to note down the features relating to the fact that the respondent had been in possession of the property and the electricity service connection had been disconnected to the suit property.