CHAND RATTAN Vs. BHAGWAN DASS & OTHERS

JUDGEMENT

(1.) Gita Ram Kalsi respondent is admittedly the owner-landlord of the shop in dispute situate at Ludhiana. He filed an ejectment application against Bhagwan Dass respondent for the latter's ejectment from the shop in dispute on August 7, 1979, which was allowed on November 10, 1979. Bhagwan Dass filed an appeal against the order of the Rent Controller which was dismissed by the Appellate Authority, Ludiana. vide order dated April 1, 1980. Bhagwan Dass filed Civil Revision No. 854 of 1980 in the High Court which was compromised on May 29, 1980. The operative part of the order of the High Court reads :-

(2.) Bhagwan Dass did not vacate the shop after the expiry of two years from May 29, 1980. Gita Ram Kalsi land-lord filed a contempt petition against Bhagwan Dass and the latter was convicted and sentenced to 3 months rigorous imprisonment vide order dated November 17, 1982. Bhagwan Das filed Civil Appeal Contempt No. 23 of 1982 against his conviction for contempt of Court and the same was dismissed on December 16, 1982. Bhagwan Das has since absconded and has not undergone the sentence awarded to him in contempt proceedings.

(3.) On May 24, 1982, Messrs Chand Rattan and Sons through Shankar Lal partner filed a suit for a declaration that the plaintiff-firm is in possession of the shop in dispute in its own right and is not liable to be evicted therefrom in execution of the order of ejectment passed against Bhagwan Dass respondent and for perpetual injunction restraining Gita Ram Kalsi from evicting it from the shop in execution of the order passed against Bhagwan Dass. In this suit, the plaintiff (now appellant) moved an application for temporary injunction under Order 39, Rules 1 and 2, Civil Procedure Code, which was dismissed by the trial Court vide order dated 15, 1982. The appellant has filed the present appeal against the order of the trial Court dated June 15, 1982.