HARBANS LAL Vs. BANARSI DAS

JUDGEMENT

(1.) THIS is a revision application directed against the order of the Additional District Judge. Jammu, vacating the order of the trial Court of Munsiff Jammu granting the plaintiffs -applicants a temporary injunction against the respondent restraining him from letting out the property till the disposal of the suit.

(2.) THE facts which gave rise to this revision application briefly stated are these. Banarsi Das respondent is the landlord who obtained a decree for ejectment in respect of a shop situate in Raghunath Bazar, Jammu, against one Jagadish Raj, his tenant. The suit for ejectment was finally decreed by the High Court in April, 1959. The landlord decree -holder took out execution of the decree in the Court of Sub -Judge Jammu. The present petitioners Harbans Lal and Jia Lal filed objections in the executing Court averring, inter alia, that the decree -holder had entered into a fresh agreement with them by virtue of which the shop was leased for a term of eleven months at a rental of Rs. 30 per month and that the decree -holder had received eleven months rent in advance and was not entitled to execute the decree against them who were not party to that decree.

(3.) IT has been contended on behalf of the petitioners that the lower appellate Court had erred in vacating the order of the trial Court granting: temporary injunction in their favour. It is argued that the suit was under O. 21, R. 103 and the plaintiffs would suffer great loss if the property is rented out to a third party by the defendant. It is submitted that the suit of the plaintiffs would become infructuous.