PUTLA RUSTOMJI MASMAN Vs. GUL MANI

JUDGEMENT

(1.) This is plaintiffs appeal arising out of the orders passed in Notice of Motion by the City Civil Court which was set aside in Appeal from Order No. 264/76 by a learned Single Judge of this Court. Being aggrieved, he has filed this Letters Patent Appeal.

(2.) It is not necessary to notice the facts in detail, though they may be mentioned very briefly to know the nature of the order that was passed by the First Appellate Court. The plaintiff claims to be the sub-tenant of certain premises in this town which were allowed to be used by the defendant jointly under an agreement dated September 28, 1970. According to the plaintiff, the defendant has merely been given licence for joint user along with him in the same premises. Since the plaintiff was being disturbed by the defendant in their joint possession and user, he filed the present Suit No. 1106/75 in the City Civil Court at Bombay. The substantive prayer in the suit is that the plaintiffs joint possession should be held proved and the defendant should be restrained by an order of permanent injunction of the Court from interfering with that joint possession. The defendant is denying these allegations.

(3.) After filing the suit, the plaintiff issued a Notice of Motion dated August 20, 1975, and asked for an interim injunction. At the final hearing of the Motion after considering the affidavits of either side, the agreement dated September 28, 1970, and after considering the arguments addressed on both the sides, the learned trial Judge made the Notice of Motion absolute in terms of prayer (a).