MANAGING DIRECTOR BMTC BTS Vs. SHIVARAMA TANGA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellants.

(2.) THIS appeal is directed against the judgment and order dated June 15,1998 whereby the trial Court had allowed I. A. I filed in O. S. 10577/98. That application had been moved under Order 39 Rules 1 and 2, CPC seeking temporary injunction directing the defendants, their servants and agents not to dispossess the plaintiff from the schedule property, otherwise than in due process of law.

(3.) PLAINTIFF-RESPONDENT's case is that he has been and he is a caterer and operating a canteen in the premises belonging to defendant No. 1 i. e. , appellant No. 1 and he has alleged that he has been running the canteen since 1992 and has been supplying food and other articles at subsidised rates to the staff and other office bearers of defendant No. 1. The plaintiff has further asserted that he has been running the canteen under the permission given by the defendants and now the plaintiff apprehend that defendants will try to throw away the plaintiff by use of force. So he had filed the suit for decree for permanent injunction and application for temporary injunction restraining the defendants from dispossessing the plaintiff from possession of the property. Objections were filed. The trial Court after considering the matter opined that the plaintiff has made out prima facie case and plaintiff-respondent is in possession. The trial Court further found that if injunction is not granted and the plaintiff-respondent is dispossessed otherwise than under law, he will suffer irreparably. So opining, the trial Court granted temporary injunction in favour of the plaintiff-respondent. The defendants have come up in appeal before this Court.