SHRI MAHARAJ KUMAR RANJEET SINGH Vs. SHAKIR BHAI

JUDGEMENT

(1.) Both these revision petitions arise out of the order dated, 13.3.92'passed by the Additional District Judge, Bundi, whereby, he has decided appeals No. 13/91 and 14/91 filed by the non-petitioners, Shakir Bhai and Taiyab Ali respectively against the orders dated, 26.7.91 of the Civil Judge, Bundi, whereby the learned trial court had accepted the applications filed by the petitioner, Maharaj Kumar Ranjeet Singh, under Order 39 Rules 1 and 2 respectively. Since, both the revision petitions have more or less similar facts and they arise out of a common order passed by the learned Additional District Judge, I deem it proper to dispose them of by a common order.

(2.) Briefly stated, the facts of the case arc that the petitioner filed a suits for eviction of the non-petitioner from the property which is in their possession as tenants of the petitioner. The petitioner also applied for permanent injunction against the non-petitioners with a prayer to direct the non-petitioners not to demolish or raise any construction in the rented premises, namely garage. Applications for temporary injunction were also filed by the petitioner alleging therein that the non-petitioners have demolished the roof of the garage and wall of the rented premises. Non-petitioners filed separate replies and contested the applications filed by the petitioner.

(3.) After hearing both the parties, learned Civil Judge passed an order of injunction dated. 26.7.91 and restrained the non-petitioners from making any construction without the permission of the petitioner landlord and to maintain status quo during the pendency of the civil suit. Against the order of the learned Civil Judge, the non-petitioners filed appeals before the Additional District Judge, Bundi and, as noted above, learned Additional District Judge has accepted the appeals vide his order dated, 13.3.92 and has permitted repairs of the garage and main gate.