AVTAR SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) The present revision petition challenges the orders passed by the learned Civil Judge (Jr. Division), Barnala and the learned Additional District Judge, Barnala dismissing an application for ad interim relief filed under Order 39 Rules 1 and 2 Code of Civil Procedure by the petitioner-plaintiff.

(2.) Avtar Singh petitioner filed a suit for permanent injunction against respondent Rajinder Singh on the allegation that the shop in dispute was in his possession as a tenant for the last about three years and he was carrying on the business under the name and style of M/s Avtar Lamination and Chappal Store. He contended that earlier the shop in dispute was on rent from the landlord i.e. Gurudwara Singh Sabha, Barnala with one Gurmit Singh. About three years back, said Gurmit Singh delivered possession of the shop in dispute to the petitioner-plaintiff with the consent of the landlord. Since then the petitioner-plaintiff is paying the rent to the landlord and is in possession as a tenant. The landlord, however, is issuing receipts in the name of Gurmit Singh. He further states that the respondent-defendant has no concern with the shop in dispute.

(3.) The case of the respondent-defendant on the other hand is that he is in possession of the property in dispute as a tenant. Rent is being paid by him regularly. On 1.9.2001 Gurmit Singh surrendered possession to the landlord and thereafter the respondent-defendant got the property in dispute on rent with effect from 1.9.2001 at Rs. 1,000.00 p.m. Rent note was executed on 6.9.2001. He states that the petitioner-plaintiff was serving as a Helper when Gurmit Singh was in possession of the shop. Thereafter, he started working as a Helper with the wife of the respondent-defendant. It is further stated that the petitioner-plaintiff is related to the respondent-defendant.