LAWS(UTN)-2024-12-13

SHANTI DEVI Vs. AALENDRA SINGH

Decided On December 12, 2024
SHANTI DEVI Appellant
V/S
Aalendra Singh Respondents

JUDGEMENT

(1.) This appeal from order is filed against the order and formal decree dtd. 26/10/2024 passed by Civil Judge (Senior Division), Tehri Garhwal in Original Suit No.29/2024, whereby the trial court allowed the application moved by the respondent/plaintiff under Order 39 Rule 1 and 2 of C.P.C. and directed the appellants/defendants not to interfere in the tenancy of respondent/plaintiff without adopting due process of law nor execute the rent deed in favour of a third party by evicting the respondent/plaintiff during the pendency of suit.

(2.) Factual matrix of the case is that respondent/plaintiff filed the O.S. No.29/2024 against the appellants/defendants for a decree of permanent injunction with the averments that he is the tenant of the appellants/defendants in respect of suit property i.e. 'Vallena Shri Hotels' comprising of 16 rooms and terrace caf"; that, in respect of suit property a rent agreement dtd. 25/9/2021 was executed between the/parties, according to which the rent was decided as Rs.1,80,000.00 per month; that, initially the tenancy was for a period of one year, however, thereafter another rent agreement dtd. 10/10/2023 was executed for a period of 36 months; that, thereafter some dispute arose between the parties in respect of some civil work to be executed in the suit property; that, on 12/8/2024 the appellants/defendants and his agents threatened the respondent/plaintiff to vacate the suit property by 15/8/2024 failing which possession of the suit property would be taken forcibly.

(3.) Along with the suit, the respondent/plaintiff also filed an application for temporary injunction under Order 39 Rule 1 and 2 CPC; that, the trial court, by order dtd. 13/8/2024, granted ex-parte temporary injunction in favour of the respondent/plaintiff; that, the appellants/defendants filed application under Order 39 Rule 3 of CPC for vacating the ex-parte temporary injunction; that, the trial court, vide order dtd. 23/9/2024, allowed the application moved under Order 39 Rule 3 of CPC and vacated the ex-parte temporary injunction and directed the appellants/defendants to file objection against the temporary injunction application; that, the appellants/defendants filed their objections against the temporary injunction application; that, the trial court, after hearing the parties, vide impugned order dtd. 26/10/2024, granted temporary injunction in favour of the respondent/plaintiff, hence, this appeal.