SUMIT SACHDEVA Vs. RAJINDER SINGH

JUDGEMENT

(1.) THIS order shall dispose of C.R. No. 5393 of 2009 directed against an order passed by the learned trial Court on 16.02.2009, whereby an application filed by the petitioner directing the plaintiff- respondents to pay licence fees at the rate of Rs. 5 lac per month from 01.05.2006 till 31.03.2007 and Rs. 10 lac per month from 01.04.2007 till the vacation of the premises was dismissed; and C.R.No. 6699 of 2009 filed by the plaintiff aggrieved against the orders passed by the Courts below, declining an application under Order 39 Rule 1 & 2 for ad interim injunction against the defendant to protect his possession as tenant.

(2.) THE plaintiff-respondent was owner of property bearing No. B-XX-3355, Gurdev Nagar, Near Aarti Cinema, Ludhiana. He executed five different sale deeds in favour of defendant Nos. 1 to 3 i.e. two sale deeds on 01.02.2006 and three sale deeds on 01.05.2006. As per the recitals in the sale deeds, the possession of the property in dispute was delivered to the defendants. The plaintiff filed the present suit for injunction on 29.03.2007 claiming himself to be tenant in the premises on a monthly rent of Rs. 10,000.00 per month and sought a decree for permanent injunction. Alongwith the said suit, an application for grant of ad interim injunction was filed, which has been declined by both the Courts.

(3.) BOTH the Courts have declined the application for ad interim injunction, inter alia, holding that the plea of tenancy raised by the plaintiff is untenable and that the plaintiff has not disclosed the factum of execution of the licence deed. The application for payment of damages has been declined by the learned trial Court for the reason that the question of payment of mesne profits cannot be decided at the interim stage without calling upon the parties to lead evidence.