ROHIT LODHA Vs. GIRISH CHAND JAIN

JUDGEMENT

(1.) HEARD learned counsel for the plaintiff appellants.

(2.) BY this Misc. Appeal under Order 43 rule 1 C.P.C. the plaintiff-appellants have challenged the order dated 11th April, 2012 passed by the Additional District Judge No.2, Jaipur Metropolitan whereby the application filed by the plaintiff-appellants under Order 39 rules 1 and 2 C.P.C. in Civil Suit No. 59/2007 for grant of temporary injunction against the defendant-respondent restraining him from evicting them from the premises in dispute without following the due process of law, has been rejected.

(3.) THE defendant respondent has filed reply to the application for temporary injunction mentioning therein that there is no tenancy between the plaintiffs and the defendant and that the same premises was occupied by their mother along with them for residential purposes and when their father tenant Pukhraj Lodha (original tenant) constructed his own house and failed to make payment of rent in time, he filed civil suit for eviction and for arrears of rent which was prosecuted by Pukhraj Lodha, father of the plaintiffs. However, both the parties entered into compromise on 18th March, 2002 and the tenant (father of the plaintiff-appellants) obtained time up to 31st March, 2007 for vacating the premises, therefore, a compromised decree was passed against the original tenant Smt. Indra Devi Lodha. However, the premises was not vacated by her, proceedings for execution were initiated by him against the mother of the plaintiffs and the same is pending.