M HOLKAR Vs. A P SRIHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment of the trial Court dt. 7-4-1983 granting ex parte injunction and that of the appellate Court dt. 2-8-1983, who dismissed the appeal of the present petitioners against the said order.

(2.) Facts relevant to the controversy can be stated thus: - Mr. A. P. Shrihan filed a suit for permanent injunction against Mr. and Mrs. Holkar restraining them from misusing the premises No. 374, Sector 30-A, Chandigarh which were leased out to them for residential purposes, by running a school therein.

(3.) The petitioners had taken the plea that the said premises were used by running a school therein from the very inception of the tenancy to the knowledge of the plaintiff and that by virtue of S.41(g) of the Specific Relief Act (hereinafter referred to as the Act) the plaintiff cannot be granted any injunction. The plaintiff denied the said averments.