GAJJAN SINGH Vs. NEELAM TELECOMS

JUDGEMENT

(1.) This revision petition under section 115 of the Code of Civil Procedure (in short, CPC) has been filed by defendant Gajjan Singh.

(2.) Respondent-plaintiff M/s Neelam Telecoms through its proprietor Neelam Vij has filed suit against defendant-petitioner alleging that the plaintiff is tenant in two disputed shops no. 3 and 4 under the defendant-petitioner but the defendant threatened to dispossess the plaintiff therefrom forcibly. Accordingly, the plaintiff sought permanent injunction restraining the defendant from doing so. By moving separate application under Order 39 Rules 1 and 2 read with section 151 CPC, the plaintiff also claimed temporary injunction to the same effect during pendency of the suit.

(3.) The defendant resisted the suit and the application. It was admitted that plaintiff is tenant in possession of shop no. 4. However, regarding shop no. 3, it was pleaded that the same has already been vacated by the plaintiff in the month of February, 2009 and vacant possession thereof was handed over to the defendant who is running a free medical clinic there.