UDERAM KESAJI Vs. HYDERALLY ABDUL KAYUM

JUDGEMENT

(1.) The plaintiff has filed this suit praying for a declaration that he is entitled to avoid the lease to him by the defendant of certain premises, dated the 18 October 1907, as modified by a writing of the 6 December, 1907. Before this suit was filed the defendant had filed two suits Nos. 5,609 and 12,929 of 1908 in the Small Causes Court for rent due under the said lease. The plaintiff now moves for an order, and injunction of this Court to restrain the defendant from proceeding with the said Small Causes Court suits and from filing further suits with reference to the said lease pending the hearing of this suit. It cannot be denied that as the plaintiff's liability to pay rent fender the lease depends on whether he will be successful in ayoiding it, it is highly desirable that these suits should be stayed provided the defendant is in no way prejudiced thereby. Mr. Robertson, counsel for defendant, however, argued that the Court had no jurisdiction to grant the injunction.

(2.) By the Letters Patent of 1823 the Supreme Court was authorized and empowered to make such further and other interlocutory rules and orders as the justice of the proceeding might seem to require and it was further ordained that the Supreme Court should also be a Court of Equity.

(3.) By Section 9 of 24 & 25 Vic. c. 104 it was enacted that the High Courts to be established under that Act should have and exercise all such Civil Jurisdiction, original and appellate, and all such power and authority for and in relation to the administration of justice as Her Majesty might by Letters .Patent grant and direct, and save as by such Letters Patent might be otherwise directed, and subject and without prejudice to the Legislative Powers in relation to the matters aforesaid of the Governor-General of India in Council, the High Courts to be established in each Presidency should have and exercise all jurisdiction and every power and authority whatsoever in any manner vested in any of the Courts in the same Presidency abolished under that Act,