S M KHAN Vs. LEELA DEVI CHAUHAN

JUDGEMENT

(1.) The present revision petition has been filed by the defendants against concurrent findings recorded by the trial Court and the Lower Appellate Court allowing an application filed by the plaintiff for interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure restraining the petitioner, defendant No. 2 in the suit from dispossessing the plaintiff from the suit property forcibly and. illegally during the pendency of the trial, except by following due course of law.

(2.) Respondent No. 1, plaintiff in the suit had filed the suit alleging that she is a tenant in House No. 4 Sector 27-A, Chandigarh since 1966. According to her she is in occupation of the entire house except one room stated to be a garage which is in occupation of the petitioner as a tenant. She contended that both the defendants were trying to dispossess her from the tenanted premises forcibly and illegally. Therefore she filed the present suit for a decree of permanent injunction restraining the defendants from interfering in her possession over the aforesaid property. The defendants contested the suit by filing reply. They claimed that the plaintiff was not in possession of the entire house as claimed by her. According to them defendant No. 2 was tenant in occupation of one room but he had a right to use a common toilet and bathroom. He contended that the room had two entries, one from the front and other from the common passage in center of the said house. The toilet and bathroom were in the rear portion of the house and he was using the same by accessing the same from the common passage.

(3.) To assess the situation of the property, the trial Court appointed a Local Commissioner. The Local Commissioner visited the property and submitted a report. The report has been placed on the record of this revision as Annexure P-7.