CHANDA SAB Vs. JAMSHED KHAN

JUDGEMENT

(1.) The Revision Petition is against grant of a temporary injunction restraining restitution. Petitioner is the dispossessed tenant. Respondents 1 and 2 are the present tenants in occupation. Respondent No. 3 is the owner who dispossessed the petitioner. Respondents 4 and 5 are stated to be the present owners.

(2.) The petitioner was a tenant in regard to the suit premises under the third respondent. The third Respondent owner filed H.R.C. 175/1977 on the file of the I Munsiff, Mysore, on 18-3-1977 and obtained an ex parte order of eviction on 22-8-1978. By executing the said ex parte order, the third respondent evicted the petitioner from the suit premises. The petitioner thereafter, that is on 19-1-1979, filed Misc. case No. 14/1979 for setting aside the ex parte order. The ex parte order was set aside and the petitioner was permitted to contest the eviction petition. Ultimately, the eviction petition filed against the petitioner in H.R.C. 175/1977 was dismissed on 10-12-1986. The Revision preferred by the third respondent against the dismissal of the eviction petition was rejected by the District Court, Mysore on 29-8-1988. After dismissal of the eviction petition, the petitioner filed a petition for restitution against the third respondent under Section 144 of the Code of Civil Procedure in Misc. 33 of 1987 on the file of the I Munsiff, Mysore and obtained an order for restitution.

(3.) At the stage when petitioner obtained a delivery warrant and was about to obtain restitution, respondents 1 and 2 herein filed a suit in O.S. No. 941 of 1988 on the file of the I Munsiff for a permanent injunction to restrain the petitioner herein from dispossessing them from the suit schedule property by executing the order for restitution passed in Misc. 33 of 1987. Respondents 1 and 2 contended that third respondent who was the original owner settled the suit premises in favour of his wife and son (respondents 4 and 5) on 22-10-1977; that immediately after evicting the petitioner, they (respondents 1 and 2) were inducted as tenants in the premises in the year 1978; that they have been in possession for 10 years as bona fide tenants under respondents 3 to 5 and their possession cannot be disturbed by any order for restitution in favour of the petitioner. Respondents 1 and 2 also filed an application under Order 39, Rule 1, CPC for a temporary injunction to restrain the petitioner herein from dispossessing them by executing the decree in Misc. 33/1987.