High CourtsSingle Bench(1922) 02 MAD CK 0004

Kadan Koiathil Saidali Kutti vs Charavcor Mathamkoth Manakkal Godan Nambudri

Madras High Court · Decided on 1 February 1922 · Citation: AIR 1922 Mad 172 : 70 Ind. Cas. 713 : (1922) 16 LW 233

HON’BLE JUDGES
Kumaraswamy Sastri, J

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Judgment

6 paragraphs · 103 words

Kumaraswamy Sastri, J.—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 u/s 115 of the Code of Civil Procedure.

3.

The petition is dismissed with costs.