AMRIK SINGH Vs. PIARA SINGH

JUDGEMENT

(1.) This revision petition is directed against order dated 15.6.2010 passed by the trial Court, on an application filed by the respondent under Sections 151 and 152 of Code of Civil Procedure,1908 (for short, CPC) by which the respondent has been odrered to be put in possession of the shop in question with the help of police.

(2.) Brief facts of the case are that respondent/plaintiff filed a suit for permanent injunction seeking to restrain the petitioner/defendant from interfering in his possession, otherwise than in due course of law. It was alleged that the respondent/plaintiff is in possession of the shop in dispute w.e.f. February, 2010 @ Rs. 500/-per month as rent and a sum of Rs. 1500/- towards advance rent of three months was paid to the defendant/petitioner. It is further averred that the plaintiff is running the business of repairs and tyre puncture in the shop in dispute, but the landlord/petitioner did not accept the advance rent. For the cause of action, it is alleged that it had accrued to the plaintiff/respondent from refusal of the respondent to interfere in his possession.

(3.) The suit was filed by the plaintiff on 14.5.2010 in which the following order was passed by the trial Court on 15.5.2010: