JATINDER SHARMA Vs. JEETI MUMMICK

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 1.12.2000 passed by the learned District Judge, Shimla in Civil Miscellaneous Appeal No. 94 -S/14 of 2000 whereby he has accepted the appeal of the respondent -defendant (hereafter referred to as the defendant) and has set aside the order dated 30.10.2000 passed by the learned Sub Judge 1st Class (5), Shimla whereby the application of the petitioner -plaintiff (hereafter referred to as the plaintiff) under Order 39 Rules 1 and 2 of the Code of Civil Procedure (hereafter referred to as the Code) was allowed.

(2.) The relevant facts are that the plaintiff instituted a suit for permanent prohibitory injunction restraining the defendant from dispossessing him from the premises i.e. first floor of Regal Building, Lakkar Bazaar, Shimla also known as Roller Skating Rink, Shimla except in due process of law and also from creating any type of hindrance in the smooth running of the business by the plaintiff in the said property. The case of the plaintiff, as made out in the plaint, is that he approached the defendant in September, 2000 for letting out the suit property to him for running the business to which the defendant agreed. As a consequence a rent deed dated 2.9.2000 was executed creating a tenancy in the suit property in favour of the plaintiff. The plaintiff paid Rs. 63,000 as security money and Rs. 4,500 as rent for the month of September, 2000 and was put in possession of the said property. However, 2 or 3 days before the date of plaint i.e. 6.10.2000 the defendant asked the plaintiff to increase the rent on the ground that the rent earlier agreed to was too meagre and threatened that in case her demand is not met she would take over the possession of the premises forcibly.

(3.) An application under Order 39 Rules 1 and 2 CPC was also filed alongwith the suit praying for grant of a temporary injunction restraining the defendant from dispossessing the plaintiff during the pendency of the suit.