KHAWAZ BUX Vs. MIRZA MOHAMMAD ISMAIL

JUDGEMENT

(1.) Being of the opinion that a Division Bench decision of this Court, in Kartar Singh v. Shambhu Dayal Lakhsar (F.A.F.O. No. 288 of 1976 decided on October 20, 1976) requires reconsideration a Division Bench has referred this appeal for decision by a larger Bench.

(2.) This is a plaintiff's appeal. It arises out of a suit for an injunction. The trial court dismissed the suit.

(3.) The plaintiff-appellant alleged that the defendant-respondent held a stage carriage USL-6100 which was covered by permit No. 1116. This permit was valid for Meerut-Gulaothi-Dho-lana Route. In virtue of two agreements dated August 14, 1961 and June 4, 1962 the defendant transferred the permit No. 1116 as well as the vehicle No. USL-6100 to the plaintiff on being paid the sale consideration of Rs. 50,000/-. The plaintiff hence became the exclusive owner of the permit as well as the vehicle. Subsequently the plaintiff replaced the vehicle by another one (UPG-4091). The plaintiff applied for permission for transfer of the aforesaid permit. Initially the defendant gave his consent but subsequently he filed an objection and withdrew his consent. Thereafter the application for transfer was not pressed before the Regional Transport Authority. The defendant tried to take forcible possession of the vehicle. The plaintiff hence came to Court and prayed for an injunction restraining the defendant from interfering with the plaintiff's plying of the bus No. UPG-4091 on permit No. 1116 on Meerut-Gulaothi-Dholana Route.