ABDUL NABI CHOWDARY Vs. MOHD ISMAIL

JUDGEMENT

(1.) All these matters are connected and are substantially between the same parties. Since they have been heard together, they are being disposed of by this common judgment. The facts, which are material, in S.A.No.704 of 2002 are set out hereunder, as the decision in the second appeal would have a bearing on both the revision petitions.

(2.) Brief resume of facts is as follows:

(3.) One of the main findings against the tenant is that a suit of this nature for mandatory injunction is not maintainable, as according to the trial Court the tenant could have sought such a relief only by appropriate suit under the Specific Relief Act, 1963. The lower appellate Court also affirmed the said finding of the trial Court. Hence, the substantial question of law on which this second appeal was admitted on 15.04.2004 reads as under: