GULSHAN Vs. SHADEVI

JUDGEMENT

(1.) THIS revision by defendant Smt. Dr. Gulshan is directed against the order, dated 15.12.1983 passed by the Fourth Additional Judge to the Court of District Judge, Bilaspur in Misc. Civil Appeal No. 15 of 1983 arising out of the order dated 1.9.1983 passed by the Second Civil Judge Class I, Bilaspur in Civil Suit No. 15-A of 1983. Both the parties namely plaintiffs Smt. Shadevi Pal and Ramdeo Pal and defendant Smt. Dr. Gulshan had applied for grant of temporary injunction to them under Order 39, Rules 1 and 2 and Section 151 of the Code of Civil Procedure. The trial Court allowed the application of the plaintiffs and rejected the one made by the defendant. Being aggrieved by it, the defendant filed a miscellaneous appeal in the appellate Court. The appellate Court dismissed the appeal vide the impugned order.

(2.) BRIEFLY stated, the relevant facts are these. The plaintiffs had let out the suit accommodation to the defendant on a monthly rent Rs. 800/- for the purpose of running maternity home in it. The period of the lease was from 7.5.1982 to 6.4.1983. After the expiry of the said period the plaintiff instituted the present suit against the defendant for her eviction from the suit accommodation on the grounds specified in Clauses (c) and (f) of sub-section (1) of Section 12 of the M.P. Accommodation Control Act, 1961. With regard to Clause (f) it was alleged by them that they required the suit accommodation for starting their business of running a lodge in it. With regard to Clause (c) it was alleged by them that they had proceeded to construct two additional floors over the Chhat of the suit accommodation but the defendant created a nuisance by her acts of obstructing their labourers and Mistris from doing any work of construction and shouting filthy abuses at them. Aparts from the relief of eviction, a relief of permanent injunction was also claimed by the plaintiffs against the defendant in the suit. The said relief was for restraining the defendant from interfering with the work of construction of the second and third floors being carried on by the plaintiffs over the Chhat of the suit accommodation.

(3.) NOW , in the present suit i.e., the subsequent suit for eviction and permanent injunction brought by the plaintiffs against the defendant both the parties made applications for grant of temporary injunction to them under Order 39, Rules 1 and 2 and Section 151 C.P.C. The plaintiffs sought the temporary injunction to the effect that the defendant be restrained from interfering with the work of construction of the second and third floors being carried on by the plaintiffs over the Chhat of the suit accommodation. The defendant sought the temporary injunction to the effect that as the construction work being carried on by the plaintiffs over the Chhat of the suit accommodation caused interference in the running of the maternity home by her in the suit accommodation, the plaintiffs be restrained from carrying out the said construction work. As stated above, the trial Court allowed the application of the plaintiffs and rejected the one made by the defendant and on a miscellaneous appeal having been filed by the defendant the appellate Court dismissed the same vide the impugned order.