GOPAL KRISHAN KAPOOR Vs. RAMESH CHANDER NIJHAWAN

JUDGEMENT

(1.) The question that this petition under section 115 of the Code of Civil Procedure raises is as to the precise scope of the functions and the extent of powers of the Court when called upon to consider if the plaintiff has a prima facie case so as to entitle him to an interim protection and has arisen in the following circumstances:

(2.) . Respondent No. 1 herein is the owner of the premises in dispute and had succeeded in hotly constesting proceedings in obtaining an order for the eviction of Goverdhan Lal Kapur, respondent No. 3 here in and father of the petitioner. The proceedings for the eviction of Goverdhan Lal Kapur culminated in an order made by the Supreme Court of India on 3rd November, 1972 dismissing his Petition for Special leave to Appeal against a judgment of this Court whereby his Second Appeal against the order of eviction was dismissed. The suit out of which this revision has arisen, was filed by the petitioner on 7th November. 1972 for a declaration that the petitioner was a tenant in respect of the premises in dispute under respondent No. 1 by virtue of a letter written by respondent No. 1 to the petitioner dated 24th September, 1970 by which the petitioner was accepted as a tenant by the said respondent in respect of the premises at a monthly rental of Rs. 200/. The petitioner further claimed that the petitioner had also made payment of rent to the said respondent and sought an injunction restraining the said respondent as also the father of the said respondent, their servants or agents from in any manner dispossessing the petitioner from the said premises in execution of the order of eviction obtained by the said respondent against the petitioner's father. The letter said to have been received by the petitioner from the said respondent was enclosed with the plaint.

(3.) . With the plaint, the petitioner also filed an application for an ex-party ad-interim injunction restraining the said respondents from dispossessing the petitioner from the premises in dispute in execution of the said order on which an ex-party ad-interim injunction in the terms prayed for by the petitioner was issued by the trial Court in the first instance on 9th November, 1972 but the same was vacated after bearing respondent No. 1 by an order of the trial Court made on 21st December, 1972 which was upheld in appeal by an order made by the Addl. District Judge, Delhi on 27th March, 1973. The petitioner has challenged this order in the present revision.