BUDHA Vs. OM PARKASH

JUDGEMENT

(1.) This revision petition is against the order of Additional District Judge affirming in appeal the order passed by the Addl. Senior Sub-Judge, Gurgaon, whereby the petitioners have been directed to restitute the possession of the shop in dispute to the respondent.

(2.) The plaintiff claiming himself to be a tenant filed a suit for restitution of possession with consequential relief of injunction. By way of interim injunction, it was prayed that in view of the peculiar facts of the present case, the plaintiff be ordered to be put in possession forthwith. The trial Court on the basis of entries in the house tax register, receipt of money order and receipt of electricity bills, prima facie, came to the conclusion that the plaintiff was in possession of the shop in dispute but has been dispossessed otherwise than in due course of law i.e. in the present case the alleged dispossession is dated 8.2.1995 whereas the suit was filed on 10.2.1995. The trial Court accordingly granted interim mandatory injunction by way of restitution of the property in favour of the plaintiff and against the defendants with specific direction to the defendants to deliver back the possession of the property to the plaintiff within a week from the passing of the order.

(3.) Additional District Judge found no ground to vary with the ad interim injunction granted by the trial Court. However, it was directed that the defendants will deliver back the vacant possession of the shop in dispute to the plaintiff within 30 days the passing of the order.