BESHESHAR NATH Vs. SMT. S. BIKRAM

JUDGEMENT

(1.) Besheshar Nath, petitioner, filed an application under Sec. 15 of the East Punjab Rent Restriction Act (hereinafter called the Act) for ejectment of his tenant Smt. Surjit Kaur widow of Bakhtawar Singh. Initially, Bakhtawar Singh was the tenant. He died on June 8, 1976, leaving behind his widow Smt. Surjit Kaur, his daughter Smt. S. Bikram and other heirs. The Rent Controller passed a decree for ejectment on the 20th of January, 1979. The appeal filed by Smt. Surjit Kaur against this order was dismissed by the Appellate Authority on the 10th of August, 1979. It has also been stated at the bar that the revision petition filed by her was also dismissed by this Court.

(2.) Smt. S. Bikram had filed a suit for injunction restraining Besheshar Nath, petitioner, from ejecting her in pursuance of the decree passed against Smt. Surjit Kaur, her mother, on the ground that she was the owner of the 3/4th share of the suit property and the decree of ejectment had not been passed against her. This suit was dismissed, in default on the 27th of October, 1979. Previously, an ad interim stay order had been granted in her favour.

(3.) On the 30th of October, 1979, Smt. S. Bikram filed another suit for declaration that she had inherited the tenancy rights of her deceased father Bakhtawar Singh and was in occupation of the house as a tenant and the order of Rent Controller has no effect on her rights. She also sought an injunction restraining the defendant from dispossessing her in execution of the ejectment order passed by the Rent Controller. She filed an application under order XXXIX, rules 1 and 2 read with Sec. 151 of the Civil Procedure Code, fur issuance of ad interim injunction. An ad interim injunction was granted. However, after the defendant filed a written statement, this temporary injunction was vacated. Smt. S. Bikram filed an appeal against the order. This appeal was accepted by the learned Additional District Judge, Ludhiana. He set aside the order of the trial court and issued an order that the parties should maintain status quo regarding possession. Dissatisfied with this order, Besheshar Nath has filed this revision petition.