RAJ BAHADUR CHAND Vs. PRAGATI SHEEL SHIKSHA SAMITI

JUDGEMENT

(1.) This is a Defendant's application la revision, it is directed against an order granting an ad interim injunction restraining the Defendant-applicant from interfering with the management and teaching of an educational school run by the Plaintiff.

(2.) The Plaintiff-opposite party instituted a suit for permanent injunction to restrain the Defendant from interfering in the management and teaching activities of the school. He applied for an ad-interim injunction. The trial court held that the Plaintiff has established a prima facie case but the balance of convenience was in favour of the Defendant, it accordingly refused the prayer for an ad-interim injunction. The Plaintiff went up in appeal. The finding that the Plaintiff had established a prima facie case was confirmed but the lower appellate court held that the balance of convenience was also in favour of the Plaintiff. On this view, the appeal was allowed. The trial court's order was set aside and an interim injunction was granted. Aggrieved, the Defendant has come up to this Court is revision.

(3.) The finding that the Plaintiff has established a prima facie case and that the balance of convenience was in his favour are findings on questions of fact and I am not satisfied that these findings are vitiated by any jurisdictional error.