LALTA PRASAD PATHAK Vs. KAMAL KISHORE CHANDAK

JUDGEMENT

(1.) THIS appeal is by defendant No. 17 and is directed against the order dated 24-8-1972 passed by the Assistant District Judge, Tezpur under sub rule (9) of R. 2 of Order 39 of the Civil P. C.

(2.) THE respondent, who is a minor represented by his mother Smt. Mohini Debi Chandak, brought Title Suit No. 10 of 1971 for a declaration that the Gift-cum-Trust Deed No. 2025 of 1971 of Tezpur Sub-Registry, was null and void. He also prayed for a perpetual injunction against the defendants restraining and prohibiting them from disturbing the peaceful possession of the suit premises by him. Along with the plaint he also filed an application for grant of temporary injunction. The petition was supported by an affidavit.

(3.) THE Court issued an order of ad interim injunction granting relief Nos. (i), (ii) and (iv) mentioned above, but did not grant injunction restraining the defendants from "collecting any rent from the tenants occupying the said premises".