SUNIL KUMAR JAIN Vs. RAM PIARI

JUDGEMENT

(1.) VIDE order dated 16.1.1997 Civil Judge (Jr. Division), Patiala granted temporary injunction to plaintiff-Sunil Kumar Jain restraining defendants-Ram Piari and Rajinder Kumar from interfering with his possession over the shop in dispute till the disposal of the suit subject to furnishing of security bond in the sum of Rs. 2-1/2 lacs within a period of 10 days.

(2.) PLAINTIFF went in appeal against the imposition of conditions while granting injunction to him by the Civil Judge (Jr. Division), Patiala.

(3.) SUNIL Kumar Jain instituted suit for permanent injunction against Ram Piari and Rajinder Kumar-defendants restraining the latter from interfering with his possession of the shop bearing No. 977/4, situated at Top Khana Road, Patiala. It was alleged in the plaint that this shop was owned by one Chambi Devi. She had one son named Gian Chand and one daughter named Amar Sundri. Plaintiff is son of Smt. Amar Sundri wife of Madan Lal and Smt. Ram Piari is the widow of Gian Chand and Rajinder Kumar is the son of Gian Chand. It was further alleged that he is in possession of the shop as tenant under Smt. Ram Piari at rental of Rs. 400/- per month, running business under the name and style of M/s New Jain Jeweller, Patitala. On 18.10.1994 rent note was executed by him in favour of Smt. Ram Piari, which was signed by him as well as Smt. Ram Piari. He has been regularly paying rent to Smt. Ram Piari. No receipt was obtained from Smt. Ram Piari as she is his maternal aunt. Defendants want to forcibly dispossess him from the shop. Alongwith plaint, he made an application under Order 39 Rules 1 and 2 read with Section 151 CPC for the grant of ad-interim injunction.