LAWS(P&H)-2022-7-193

ENGLISH LANGUAGE INSTITUTE Vs. RAJESH KUMAR

Decided On July 04, 2022
English Language Institute Appellant
V/S
RAJESH KUMAR Respondents

JUDGEMENT

(1.) Vide this common judgment, both the above-mentioned revision petitions are being decided together because these have arisen out of the single order dtd. 19/1/2022 (Annexure P-1 in both the petitions) passed by learned Civil Judge (Junior Division), Patiala (for short 'the trial Court') whereby the applications (Annexure P-7 in both the petitions) moved by the petitioners-plaintiffs (here-in-after to be referred as 'the plaintiffs') for seeking the dismissal or in the alternative, the rejection of the counter claims filed by the respondents-defendants (here-in-after to be referred as 'the defendants') separately, have been dismissed.

(2.) Bereft of unnecessary details, the facts culminating in the filing of both the present revision petitions, are that the plaintiffs filed a civil suit against the defendants for seeking a decree for permanent injunction for restraining them (defendants) and their agents etc from interfering in their (plaintiffs') possession over the suit property, i.e the Ground Floor portion of SCF Nos.33 and 34, Leela Bhawan Market, Patiala and from forcibly dispossessing them from the same, while averring that they (plaintiffs) had taken the said property on lease for running their business. The defendants filed their written statement contesting the claim of the plaintiffs therein on various grounds. They filed their separate counter claims also for seeking the possession of the suit property on the ground that the plaintiffs were in the arrears of lease money since March, 2020. Then, the plaintiffs moved two applications (Annexure P-7 in both the petitions) for seeking the dismissal or in the alternative, the rejection of the said counter claims and these applications have been dismissed by the trial Court vide the impugned order Annexure P-1.

(3.) I have heard learned counsel for both the parties in these revision petitions and have also perused the files carefully.