CHAND RATTAN Vs. RAM SARUP

JUDGEMENT

(1.) This revision petition is directed against order of January 4, 1989 passed by the Additional Senior Sub-Judge, Sirsa, dismissing the application filed under order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, and at the same time observing that the defendants would eject the plaintiff from the shops, in dispute, in accordance with law.

(2.) Ram Sarup son of Jiwan Chand claiming himself to be a tenant in possession of the shops in dispute filed a suit for permanent injunction restraining Chand Rattan and others from dispossessing him from the two shop forcibly. These allegations of the plaintiff were denied by the defendant, inter-alia, alleging that M/s. Jiwan Chand Madan Lal Grover of Sirsa were the tenants against whom an order of ejectment was passed in February 1988 and the appeal filed against the said order was also dismissed on June 15, 1988. The plaintiff who is son of Jiwan Chand aforesaid has filed a suit. In fact he was not the tenant.

(3.) On going through the allegations of the parties and the impugned order, I do not find any ground to interfere with the same. No cogent evidence was produced before the trial Court, prima facie to show that Ram Sarup was the tenant and not M/s. Jiwan Chand Madan Lal Grover against whom an order of ejectment had been passed. There being no merit, the revision petition is dismissed. There will, however, be no order as to costs.