BHAWARILAL Vs. S JAICHAND

JUDGEMENT

(1.) This is a revision petition by defendants 2 and 3 in O. S. No. 94 of 1973 on the file of the Court of the Munsiff, K. G. F., against the order of temporary injunction granted in the said suit, which was affirmed in appeal by the Court of the Civil Judge, Kolar, in M. A. No. 62 of 1973.

(2.) Respondents 1 and 2 are the plain-tiffs and respondent 3 is the Administrator of the Robertsonpet Town Municipality, K. G. F. The said Municipality is the owner of two shops which are the subject-matter of these proceedings. The Municipality leased the two shops on 17-6-1972 to the petitioners. On 9-3-1973, respondents 1 and 2 instituted O. S. No. 94 of 1973 against the Municipality and also the lessees from the Municipality, who are the petitioners herein, seeking the relief of permanent injunction restraining the petitioners from occupying the premises leased to them. The plaintiffs' case is that under the directions of the Deputy Commissioner of Kolar, the Municipality should have auctioned the shops and by leasing the said shops without holding auctions, to the petitioners, the plaintiffs have been deprived of the right to bid in the auctions. The gist of the plaintiffs' case is that the Municipality should have sold the shops in public auction and should not have disposed of the same by leasing them to defendants 2 and 3.

(3.) The Court of the Munsiff at K. G. F. granted the interim relief of injunction and that was made absolute by the order dated 22-3-1973. The appeal preferred against the said order was dismissed by the Civil Judge at Kolar in M. A. No. 62 of 1973. It was urged by the learned counsel for the petitioners that the Courts below have acted Illegally in the exercise of then jurisdiction ID granting the temporary injunction.