GOPAL SETH Vs. DINESH JAISWAL

JUDGEMENT

(1.) THIS revision is directed against the Order dated 1.7.2000 in Misc. Appeal No. 38/2000 by VI Additional District Judge, Jabalpur, affirming the order dated 31.3.2000 in Civil Suit No. 133A/2000 dismissing the application of the plaintiff petitioner under Order 39 Rule 1 & 2 CPC for temporary injunction.

(2.) UNDISPUTABLY , the plaintiff petitioner is the owner of Shop No. 43, 43A/2, Kingsway, Sadar Bazar, Main Road, Jabalpur. The defendant No. 1 is the tenant of the plaintiff therein. The plaintiff petitioner filed a suit for declaration and permanent injunction against the defendants respondents praying that the defendant respondent No. 1 be restrained from sub letting or parting with the possession of the suit shop without the written permission of the plaintiff and the defendants respondents 2 & 3 be restrained from alienating the said shop or placing it in possession of a third person without written permission of the plaintiff. The plaintiff petitioner also filed an application seeking temporary injunction to the above effect.

(3.) THE learned counsel for the petitioner submits that the petitioner plaintiff being the owner and landlord of the suit shop, is entitled to obtain an injunction restraining the defendant respondent No. 1 from creating sub tenancy in the premises owned by him. It was submitted that creation of sub tenancy without the written permission of the plaintiff petitioner was an offence under the law and, therefore, temporary injunction ought to have been granted in his favour.