YUSUF IBRAHIM PAWASKAR Vs. KARAMCHAND NARAYAN TANDON

JUDGEMENT

(1.) THIS writ petition is directed against an order dated 27-8-1981 passed by the Appellate Bench of the Court of Small Causes wherein the learned Judges have taken the view that the Revision Application preferred by the present petitioner against an order dated 16-12-1980 of the trial Court was not competent.

(2.) THE petitioner had originally filed a suit before the Court of Small Causes contending that he should be declared as a tenant in respect of the disputed premises. Since the petitioner apprehended that his possession would be interferred with, he had applied for an ad interim injunction whereupon the trial Court passed a short order to the effect that apart from the petitioners bare word, he had not made out any case for the grant of injunction and, therefore, that it was necessary to issue notice to the opposite party. What needs to be taken cognizance of is the fact that the petitioner had specifically pleaded in the application that he apprehended infringement of his rights and he, therefore, prayed for specific reliefs from the Court which were denied to him at that point of time. Though the order states that notice is issued to the respondent, in effect, it is an order refusing to grant an injunction.

(3.) THE petitioner filed a revision application before the Appeal Bench which Revision Application was entertained and the Bench also granted the petitioner a composite injunction as prayed for by him. This injunction was thereafter extended by order dated 16th March, 1981 by the Appellate Bench till the hearing and final disposal of the revision application.