VIMLA Vs. KUSUM LATA

JUDGEMENT

(1.) This revision petition is filed against an order dated 26-4-1995, by which the learned Civil Judge, dismissed the suit for permanent injunction, filed by the petitioner. The learned Civil Judge held that the suit was meritless without any cause of action.

(2.) The facts in brief leading to the filing of the present revision petition are as under:-

(3.) The trial court vide the impugned order, held that reading of Clause 3 above, made It clear that respondent No.1, has granted a right of user even though the respondent No.1 has relinquished its owndership rights over the same. The relinquishment of ownership rights was subject to right of user. The Court held that the rights of the respondent ware not in nature of a permissive user or licence.