LAWS(RAJ)-1989-8-2

RADHA KISHAN Vs. NAVARATAN MAL JAIN

Decided On August 30, 1989
RADHA KISHAN Appellant
V/S
NAVARATAN MAL JAIN Respondents

JUDGEMENT

(1.) This revision petition has been directed against the order dated 4-5-89 passed by the Civil Judge, Jaipur City, Jaipur, allowing application of non-petitioner No. 1 for restoring possession of the disputed-property.

(2.) Non-petitioner No. 1 Navratan Mal Jain filed a civil suit for permanent injunction stating that he had taken the disputed property on rent from the petitioner and non petitioner No. 2 Radhey Shyam since 9th July, 1967 and that the petitioner Radha Kishan had been recovering rent from the very beginning. The petitioner and non-petitioner No. 2 requested the non-petitioner No. 1 to vacate the premises within two days so that they could dispose of the property, failing which the possession will be taken forcibly and therefore, the present suit was filed for permanent injunction against the petitioner and non-petitioner No. 2, to restrain them from dispossessing him without due process of law.

(3.) Along with the suit, an application for temporary injunction was also filed. An ex parte injunction order was granted in the following terms :-