MAHAMMED FAHIM Vs. SULTAN AHMED

JUDGEMENT

(1.) The petitioner/defendant has filed the present petition being aggrieved by the order dated 13.05.2019 whereby the 13th Civil Judge, Class-I, Indore has allowed the application filed under Section 151 read with Section 144 of CPC read with Section 52-A of the Transfer of Property Act directing the petitioner to restore the possession of the respondent/plaintiff.

(2.) Facts of the case, in short are as under: The respondent being a plaintiff filed a suit for permanent injunction against the present petitioner who is owner of Shop No.76 (New No.78), P.S. Navlakha Main Road, Indore (hereinafter referred as "suit property"). The said shop was given to the plaintiff on rent to run the business of garage and repairing work shop. According to the plaintiff, at the time of execution of agreement Rs.30,000/- cash as advance money was given to defendant rent of Rs.5,000/- per month was fixed. According to the plaintiff the defendant tried to dispossess him on 20.06.2016 from the work shop. He is also residing in the same accommodation alongwith his family. He has obtained electricity connection he paid electricity bill upto April, 2016. He also filed an application under Order 39 Rule 1 and 2 of the CPC alongwith the plaint. The present petitioner appeared and filed reply to the application for temporary injunction. The relationship of tenant and landlord has not been denied by the petitioner/defendant.

(3.) Vide order dated 23.08.2016, learned Court has granted temporary injunction in favour of respondent/plaintiff by restraining the defendant to interfere into the peaceful possession and he shall not evict the plaintiff without following due process of law. Against the said order the defendant did not prefer any miscellaneous appeal within the period of limitation.