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Kadan Koiathil Saidali Kutti Vs. Charavcor Mathamkoth Manakkal Godan Nambudri - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1922Mad172; 70Ind.Cas.713
AppellantKadan Koiathil Saidali Kutti
RespondentCharavcor Mathamkoth Manakkal Godan Nambudri
Excerpt:
malabar compensation for tenants' improvements act (i of 1900), section 5 - injunction restraining, tenant front making changes in property--jurisdiction of civil courts. - kumaraswamy sastri, j.1. i do not think that there is anything in section 5 of the malabar compensation for tenants' improvements act which ousts the jurisdiction of a civil court in a suit between the landlord and tenant to grant a temporary injunction restraining the tenant from making changes in the property.2. the finding of both courts is that the changes sought to be made are not bona fide for purposes of agriculture but to harass the plaintiff. i do not think this is a case for interference under section 115 of the code of civil procedure.3. the petition is dismissed with costs.
Judgment:

Kumaraswamy Sastri, J.

1. I do not think that there is anything in Section 5 of the Malabar Compensation for Tenants' Improvements Act which ousts the jurisdiction of a Civil Court in a suit between the landlord and tenant to grant a temporary injunction restraining the tenant from making changes in the property.

2. The finding of both Courts is that the changes sought to be made are not bona fide for purposes of agriculture but to harass the plaintiff. I do not think this is a case for interference under Section 115 of the Code of Civil Procedure.

3. The petition is dismissed with costs.


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