SHANKUTLA Vs. HIRA NAND SHARMA

JUDGEMENT

(1.) In a suit for permanent injunction based on a claim that she was a tenant in a portion of House No. 543, Guru Ram Dass Nagar, Delhi, the petitioner had claimed a temporary injunction. According to the case in the plaint, her husband was an owner of several plots including plot No. 543 which he had left by a will to his brother Gulab Singh. Gulab Singh sold this property to Hira Nand Sharma, the first defendant. In this plaint, she claimed that she was a tenant in a room situated on Plot No. 546, Guru Ram Dass Nagar, which she gave up to take a room in Plot No. 543 as a tenant at a monthly rent of Rs. 5.00 . After the sale to the defendants, it was claimed that the defendants had started putting pressure on her to vacate the premises and, the defendants were trying to forcibly make her vacate the premises. The defendants case on the other hand was that they had got provisional possession from Gulab Singh under an agreement to sell and the plaintiff was nowhere in the picture at that time. The claim was that the plaintiff had previously been residing in plot No. 543, but she had been given a sum of Rs. 9,400.00 by Gulab Singh to quit the property and thereafter she went to plot No. 546. After the possession was taken under the agreement to sell. she (the plaintiff) was allowed to reside for a short time in a newly built room, but thereafter she claimed that she was a tenant.

(2.) The trial court granted an injunction as prayed for, but on appeal the Senior Sub-Judge has vacated the injunction on the footing that no prima fade case had been established by the plaintiff. The Court also referred to certain documents on record including a certificate issued by Gulab Singh in favour of the plaintiff as being capable of later manufactured. The plaintiff has now moved this Court in revision.

(3.) According to the petitioner's case in this revision, the injunction has been vacated for insufficient grounds. On the other hand, the respondents claim that this Court has no jurisdiction to interfere in revision. And furthermore, the plaintiff has no case being only a kind of licencee in the premises. In a case of this type, the question is, should an injunction have been refused to the petitioner ? The refusal of the lower appellate Court to confirm the injunction is really a refusal to exercise jurisdiction. So, this Court has certainly jurisdiction under Section 115 of the Code of Civil Procedure because the lower appellate Court has refused to exercise jurisdiction by refusing the injunction. The question whether the injunction has been rightly or wrongly refused has now to be examined by me.