LAWS(MAD)-2009-2-92

N K MURALIDHARAN Vs. K NATARAJAN

Decided On February 13, 2009
N.K.MURALIDHARAN Appellant
V/S
K.NATARAJAN Respondents

JUDGEMENT

(1.) THIS civil revision petition is preferred against the order dated 08.07.2008 passed by the learned Subordinate Judge, Udhagamandalam in C.M.A.No,2 of 2008 confirming the order dated 12.02.2008 passed by the learned District Munsif, Udhagamandalam in I.A.No,2 of 2008 in O.S.No.1 of 2008. Despite printing the name of the learned counsel for the respective parties repeatedly, no one represented.

(2.) THE long and short of the relevant facts, which are absolutely necessary and germane for the disposal of this civil revision petition would run thus:

(3.) THE most pertinent point that arises for consideration is as to whether the plaintiff established the lease agreement between the plaintiff and the defendant and also the alleged payment of advance of Rs.1.5 lakhs by the plaintiff in favour of the defendant under the said lease agreement in addition to having allegedly paid a rent of Rs.10,000/- every month. I could see absolutely no evidence placed before the lower Court by the revision petitioner in that regard. When the suit itself is for injunction, then the prayer for interim injunction could be granted only if there is prima facie and ex facie evidence to prove the possession of the plaintiff over the suit property.