PADMANABHAN Vs. THOMAS

JUDGEMENT

(1.) This is an appeal by the defendant in a suit for injunction. The short facts which resulted in the filing of the suit are these:

(2.) Admittedly, the defendant is a rentee of a shop room from the first respondent's father. The annual rent of the building was Rs. 120/-. From July, 1979 on wards due to financial difficulties the defendant was not in a position to do trade in the shop room. The shop room remained closed.

(3.) The case of the defendant is that on 11-1-1980 the son of the original landlord; the first plaintiff along with a college student a neighbour of the 1st plaintiff forcibly trespassed into the room and broke open the room by removing the lock and attempted to reduce the room in question into their possession. Immediately, the defendant lodged a complaint before the police. On 12-1-1980 the police made an investigation and found the room broken open by two persons the first plaintiff and the 2nd plaintiff. The police took the key of the room and registered a case against the plaintiffs. The plaintiffs filed the suit on 15-1-1980 for an injunction restraining the defendant from entering into the shop room. The plaintiffs' case is that the room was surrendered in July, 1976 and in August, 1979 it was rented out to the 2nd plaintiff. There was no occasion for the plaintiffs' to break open the shop room in question and that they are in possession of the shop from and so, they are entitled to obtain a decree for injunction.