RAJESH KUMAR AGARWAL Vs. ABDUL MUQUIT

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition filed under Article 227 of the Constitution of India, the petitioner (defendant) has challenged the order dated 27.05.2014 passed by Munsiff, Shillong in Misc. Case No. 6(H) 2014 in Title Suit No. 6(H) of 2013. The petitioner (defendant) has further challenged the order dated 27.05.2014 passed in Misc. Case No. 5(H) of 2014 in aforesaid suit.

(3.) BRIEF facts of the case are that the plaintiff/respondent Abdul Muquit filed Title Suit No. 6(H) 2013 before the Court of Munsiff Shillong with the pleadings that he runs a business in the name and style of M/s. Fashion Corner, Shop No. DF -2, situated at Glory's Plaza Building, Police Bazar, Shillong. He also pleaded that said shop was taken on rent from proforma defendant Radheshyam Goenka in the year 1989. It is also stated by the plaintiff Abdul Maquit that since the room (Shop DF -2) was not ready for delivery, as such the plaintiff was accommodated in Shop No. C -3 as a temporary arrangement. It is alleged by the plaintiff Abdul Muquit that the present petitioner Rajesh Kumar Agarwala (defendant No. 1) was a money lender and plaintiff had taken loan of Rs. 5,00,000/ - from him. It is further alleged by the plaintiff that defendant No. 1 (present petitioner), in connivance with other defendants grabbed the shop let out to the plaintiff, and even after repayment of the loan, the cheque books etc. given by the plaintiff as security were not returned to him. With the above pleadings, permanent injunction was sought against defendants from transferring the suit property to any other person. In said suit, an application under Order 39 Rule 1 and 2 of Code of Civil Procedure 1908 read with Section 151 of the CPC was moved.