BASHEER AHMED SHERIF Vs. MOHAMMED YOUSUFF

JUDGEMENT

(1.) This appeal, under Order 43, Rule 1(r), CPC, is directed against the order dated 13-7-1993 passed in O.S.No. 1993/93 on the file of the learned 15th Additional City Civil Judge, Bangalore, allowing I.A.II filed under Order 39, Rules 1 and 2, CPC and granting interim injunction restraining the appellant from interfering with the peaceful possession and enjoyment of the suit schedule property by the respondents.

(2.) The facts giving rise to this appeal are:The appellant filed a petition in HRC 10477/93 in the court of the Additional Small Causes Judge, Bangalore City against respondent 1 and obtained an order of eviction in respect of the premises involved in the present proceedings on 18-8-1990 after protracted litigation for 7 years. Respondent-1 came up in revision before this court in CRP No. 5414/90 and on a compromise the present appellant agreed to grant time upto 1-6-1993 to vacate the premises. On a joint memo filed before this court time to vacate the premises was allowed upto 1-6-1993 and eviction order was confirmed by dismissing the revision petition on 31-1-1991.

(3.) Respondent-1 on the allegations that eviction decree wouldbe executed against him approached the appellant and after negotiations paid Rs. 50,000/- as advance and agreed to pay enhanced rent of Rs. 600/- per month in place of Rs. 120/- p.m. and took the fresh lease of the said premises in favour of himself and his son under a document reciting these terms and filed O.S. No. 1993/93 in the court of 15th Additional City Civil Judge, Bangalore for the relief of declaration that he and his son respondent 2 were tenants of the premises and that eviction order in HRC No. 10477/93 was not binding on them and for permanent injunction restraining the appellant from executing the eviction order. It may also be noted that Corporation of City of Bangalore was impleaded as 2nd defendant in the suit alleging that it was set up at the instance of appellant and its officers were harrassing respondent 1 to vacate the premises on the allegation that taxes due to the Corporation in respect of the plaint schedule property has not been paid.