DINESH SAIGAL Vs. ASHOK DAS

JUDGEMENT

(1.) This Revision Application under Article 227 of the Constitution, has been filed against the order dtd. 6/5/2022, of the Additional Deputy Commissioner (Judicial), Shillong, in FAO No. 7(T) of 2019, whereby the Lower Appellate Court had set aside the injunction order dtd. 24/6/2019, passed by the Trial Court, in Misc. Case No. 108(T) of 2018, arising out of T.S. Eviction No. 1(T) of 2018.

(2.) The case in brief is that, the petitioner as plaintiff had filed a suit against the respondent/defendant, before the Court of the Assistant to Deputy Commissioner, Shillong, wherein, the Trial Court granted an ex-parte ad-interim injunction on 5/12/2018, in favour of the petitioner. After causing inspection by the Bailiff, with regard to violation of the orders of the Court, the parties were heard in the main injunction matter, and the Trial Court made the ad-interim injunction order absolute, vide order dtd. 24/6/2019. The Lower Appellate Court, however, set aside the injunction order, vide the impugned order herein dtd. 6/5/2022, which has led to the instant Revision Application.

(3.) Heard learned counsel for the parties. The matter as it appears from the materials relates to an Eviction Suit, for recovery of possession and for recovery of arrears of room charges from the defendant. The injunction application filed in the main suit, was to restrain the respondent from using any form of gas cylinder or stove, in the suit property and also from parking the respondent's taxi in the petitioner's premises and for removal of a 200 litre sintex tank from near the room. The said prayer of the petitioner in the injunction application, after hearing the parties, was allowed by the Trial Court. On appeal, however, the Lower Appellate Court set aside the order of the Trial Court.