JUGAL KISHORE Vs. DES RAJ SETH

JUDGEMENT

(1.) This revision has been referred to a Bench of three Judges because of a conflict in some reported decisions of some High Courts about the maintainability of a suit for a mandatory injunction directing the defendant to vacate the premises which were held by him as a licensee and has been determined.

(2.) In the trial Court, the following two preliminary issues were settled on the basis of the preliminary objections :

(3.) The trial Court held, following the decisions of the Punjab High Court, that the suit was competent in the present form. On issue No. 2, it was held that the present suit being one for injunction, it had been correctly valued for purposes of court-fee and jurisdiction.