MANMOHAN NATH, ADVOCATE Vs. SARDAR SUCHA SINGH

JUDGEMENT

(1.) THIS Letters Patent appeal is directed against the order of our brother Mehta dismissing an appeal arising out of an injunction application in a suit for a declaration that an eviction order passed by the Rent Controller, Simla is a nullity and for a permanent injunction.

(2.) THE Appellant filed a suit in the Court of the learned senior subordinate Judge, Simla, alleging that an order of ejectment made against him by the Rent Controller, Simla, in proceedings under the Himachal Pradesh Rent Control Act, 1971 was a nullity, and consequently praying for a declaration and a permanent injunction. He also applied for the grant of an interim injunction restraining the Respondent from executing the eviction order. On September 19, 1968 the learned Senior Subordinate Judge made an ex -parte order granting an interim injunction, and subsequently on December 16, 1968 the grant of injunction was affirmed in the presence of the parties. The Respondent appealed, and the learned District Judge, Simla, on being informed that the parties desired to compromise, recorded their statements and on June 21, 1969 made an order allowing the appeal in terms of the compromise and setting aside the injunction granted by the learned Senior Subordinate Judge. The terms of the compromise were set out in the order.

(3.) THE Appellant then filed the present Letters Patent appeal under Clause 10 of the Letters Patent against the judgment of our learned brother.