Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Grant of temporary injunction–Justification–Trial Court was swayed with the issue that the plaintiff was a recorded tenant of 1/3 portion of land and concluded the prima facie case in his favour–It was required to notice and prima facie determine the merits of the contentions raised by the appellants–Merely because the land in question has been recorded in favour of plaintiff by itself cannot be a reason enough to find prima facie case in favour of plaintiff–Impugned order set aside and matter remanded back to trial Court for passing the fresh order.
