MAHBOOB PASHA Vs. A R VISWANATHA CHETTY

JUDGEMENT

(1.) This petition is listed for admission with the consent of the learned counsel appearing on both the sides, the petition is heard on merits and disposed of by this order.

(2.) The defendant in O.S. No. 297/87 on the file of the learned Second Additional Civil Judge, Mysore, is the petitioner herein. He has called in question the judgment and decree dated 9-12-1993 passed by the learned Second Additional Civil Judge, Mysore, in O.S. No. 292/87 instituted under Section 6 of the Specific Relief Act, 1963 (for short "the Act).

(3.) The plaintiffs-respondents instituted the suit against the petitioner for possession of the premises bearing No. 1739 (New No. 93), Sayyaji Rao Road, Mysore, and for damage for use and occupation of the same. It was contended by the plaintiffs that they are the owners of the suit property and they were in possession of the said property till they were dispossessed by the defendant without their consent, otherwise than in due course of law. It is the cast of the plaintiffs that the defendant was carrying on the business in the sale of hoseiry on the foot-path situated in front of the suit shop, and when the plaintiffs" father closed the business temporarily in the suit shop, the defendant sought permission of the plaintiffs" father to take electricity through a detachable electric connection from inside the suit premises to carry on the business during nights also and the father of the plaintiffs on humanitarian consideration allowed the defendant that said facility. The plaintiffs further state that after some time the defendant instituted a suit against them alleging that he is a tenant of the suit shop and obtained an order of temporary injunction; and that on the strength of the said injunction. he broke open the lock of the suit shop and entered the shop premises. Thus the defendant dispossessed the plaintiffs of the suit shop, without their consent, otherwise than in due course of law. The plaintiffs have, therefore, instituted the suit for possession of the suit shop under Section 6 of the Act.