SUNDARLAL Vs. RAMNATH

JUDGEMENT

(1.) THIS application in revision is directed against an order of the Additional Commissioner Kota dated 24. 8. 1961. By this order the learned Additional Commissioner reversed the order of the Assistant Collector, Court No 4, Kota dated 1. 3. 61.

(2.) THE facts leading to the revision are that Ram Nath the non-petitioner brought a suit against the petitioner under sec. 188 of the Rajasthan Tenancy Act (hereinafter referred to as the Act) along with sec. 183 of the Act. Under sec. 188 of the Act a permanent injunction restraining the defendant from interfering with the plaintiff's right to cultivate Khasra No. 347 was sued for. Along with the suit an application purporting to be for grant of temporary injunction pending decision of the suit under Sec. 212 of the Act was also made. THE trial court after having granted ad-interim injunction as applied for vacated it after hearing the parties. THE non petitioner carried the matter to the Additional Commissioner, Kota, who after reviewing the circumstances and facts of the case came to the conclusion that it was a fit case for the grant of temporary injunction and accordingly reversing order of the trial court ordered that the temporary injunction granted in the first instance would continue. It is against this order that the present revision has been filed. THE contention raised on behalf of the petitioners is that the first appellate court in the first instance should not have interfered with the discretion of the trial court who had decided the matter after hearing the parties. It was next urged that under Sec. 212 of the Act a temporary injunction cannot be granted unless the conditions specified and enumerated therein are shown to be existing by the party who claims a temporary injunction. We would like first to dispose of the second contention.