ANWAR HUSSAIN Vs. MD. QUAMRUDDIN QURESHI

JUDGEMENT

(1.) The present appeal has been preferred against the grant of an ad interim injunction. The plinth of the case of the plaintiff/respondent in the suit is that the plaintiff/respondent is a lawful occupier of the suit premises and a consequential permanent injunction has been sought in aid of such claim.

(2.) Learned Counsel appearing for the appellant contends that there was gross material suppression by the plaintiff/respondent in the court below, of an agreement entered into between the parties, pursuant to which the respondent entered into possession. It is submitted that the respondent does not have any right, title or interest in the suit property by virtue of the said agreement. It is contended that due to such suppression of material facts itself, the ad interim order of injunction ought to be set aside.

(3.) Learned Counsel submits that the appellate court, while hearing an appeal against an ad-interim injunction, can look into germane documents if there is a material suppression by the plaintiff who took advantage of the impugned order.