RAMKISHORE PANDIT Vs. VIJAYABAHADURSINGH JAGTAPSINGH

JUDGEMENT

(1.) THIS is an appeal from Order refusing to grant art injunction in favour of the plaintiff applicant. The short facts are that the defendant is an employee of the Century Mills Ltd. , and as such employee he is in occupation of the room in dispute belonging to the century MILLS. In or about August of 1958, the defendant allowed the plaintiff to stay with him, as he says, to facilitate medical treatment of his ailing wife. The plaintiff, however, thereafter started asserting his sub-tenancy in respect of the room which jeopardized defendant's own tenancy with the Century Mills. The defendant thereupon commenced proceedings under Section 41 of tin Presidency Small cause Courts Act, in February 1960. The plaintiff filed his statement of defence on the 29th April 1960. On 7th August 1962, when the case reached hearing the parties obtained a consent order as follows; the defendant to vacate in four months. No order as to costs. The defendant will be at liberty to file a suit for declaration regarding his right of sub-tenancy in the suit premises within the abovementioned period of four months, After this consent order the plaintiff instituted a suit in the City Civil Court for a declaration that he was a sub-tenant of the suit premises and for an injunction restraining the defendant from executing the order obtained by mm under Section 41 ot the Presidency Small Cause courts Act. He also applied for a temporary injunction which the learned Judge refused to grant. The learned Judge while passing the order observed

(2.) AS the appeal involved an important question as to the jurisdiction of the City Civil Court to entertain a suit of this nature, it was referred by the learned Chief Justice to a Division Bench and has thus come before us for disposal.

(3.) THE first question which arises is as to whether the City Civil Court had jurisdiction to entertain the suit then by the plaintiff. We propose to consider this question first on first principles and the terms of the Arts involved, and refer to the authorities thereafter.