IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 6.11.2008. S.B. CIVIL WRIT PETITION NO.12274/2008 Farahat Rahimi Vs. Smt. Naseem Bano HON'BLE MR. JUSTICE DALIP SINGH Shri Sudhir Jain, for the petitioner. Heard learned counsel for the petitioner. I have perused the impugned order passed by the learned lower appellate court dated 11.8.2008 by which the appeal filed by the plaintiff under order 39 rule 1 and 2 C.P.C. for grant of temporary injunction has been dismissed. The learned courts below have given the concurrent findings that the plaintiff petitioner has not been able to prove the prima facie case in his favour. The plaintiff had alleged that he was a tenant in the premises. The courts below have held that the petitioner could not substantiate the aforesaid plea even prima facie as no evidence in support of the aforesaid plea in the form of either the rent note or rent receipt or any affidavit of the neighbors has been filed. These finding with regard to prima facie case are one of fact which can not be interfered with in writ jurisdiction under Article 226 of the Constitution of India as the impugned orders do not suffer from any jurisdictional error. The writ petition is accordingly dismissed. (DALIP SINGH),J. Ramchandrkhatri,PS