KAMAL MALHOTRA Vs. MAHENDER SINGH

JUDGEMENT

(1.) This second appeal has impugned the judgment dated 2.9.1989 which had endorsed the finding of the trial judge dated 23.7.1987 thereby dismissing the suit.

(2.) The appellant before this court is the plaintiff. The plaintiff is stated to be the owner/landlord of premises no.63, Southern side. G.B.Road; shop no.5446 had been let out to the defendant. Defendant had threatened that he would sub let, assign or otherwise part with the possession of shop in favour of a third person against a heavy premium. He would not permit the plaintiff to reoccupy the suit property. Accordingly, the plaintiff had filed the present suit seeking a decree of permanent injunction restraining the tenant from sub-letting, assigning or otherwise parting with the aforesaid suit property.

(3.) The trial judge framed four issues. While deciding issue no.1 it was held that the suit is not maintainable. Reliance was placed upon the provisions of Section 108 (j) of the Transfer of Property Act.