LAWS(MPH)-1981-2-6

RAMDEEN Vs. RAMSWAROOP

Decided On February 16, 1981
RAMDEEN Appellant
V/S
RAMSWAROOP Respondents

JUDGEMENT

(1.) This is a defendants' revision against the lower appellate Court's order affirming the trial Court's order granting temporary injunction in the plaintiffs- non-applicants' favour under Order 39, Rules 1 and 2, C.P.C.

(2.) The plaintiffs-non-applicants, claiming themselves in possession of certain agricultural lands by virtue of a sale deed executed in favour of their grandfather by the present applicant-defendant No. 1 Ramdeen, had filed the suit for permanent injunction against Ramdeen and another. The application for temporary injunction had also been filed. The trial Court after considering the documents on record and so also the affidavits of both the sides, granted the temporary injunction. The defendants preferred an appeal but the same was dismissed. Hence, now, the present revision.

(3.) Learned counsel for the applicants-defendants has urged before me that both the Courts below have not properly appreciated the fact that the possession regarding the lands in question is entered in their favour in the revenue records. It is also urged that the affidavits filed on their side have not been considered and properly appreciated.