IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 260 of 2010 Date of decision: 22.07.2010 ______________________________________________________ Jagroop Singh .....Petitioner. Versus Krishna Sood & others .....Respondents. Coram The Hon'ble Mr. Justice Surjit Singh, J. Whether approved for reporting?1 For the petitioner: Mr. Romesh Verma, Advocate. For the respondents: Mr. Rajeev Sood, Advocate. ______________________________________________________ Surjit Singh, J (oral). Heard and gone through the record. 2. Petitioner, claiming himself to be the tenant in certain premises, has filed a suit for issuance of permanent prohibitory injunction, restraining the respondents/landlords, from dispossessing him from the tenanted premises, which are in the form of a house, except by due process of law. Also, he filed an application for temporary injunction, under Order 39 Rules 1 & 2 of the Code of Civil Procedure. Defendants-respondents took the plea that the premises let out to the plaintiff-petitioner are no more in existence, as the same were gutted in a fire that broke out in the year 2008. 1 Whether reporters of Local Papers may be allowed to see the judgment? -: 2 :- 3. The two Courts below have dismissed the application for temporary injunction, taking the view that the premises having gutted in fire, there was no question of issuing any injunction. 4. There is a report of Local Commissioner, named Shri Vipul Prabhakar, on record. The same is Annexure P-7. A reading of the report shows that the Local Commissioner had been appointed by the Appellate Court. As per this report, ground floor of the structure is intact and one of the rooms on that floor forms the tenanted premises of the petitioner. 5. In view of the abovestated position, petition is disposed of with the order that during the pendency of the suit, instituted by the petitioner, respondents shall not dispossess the petitioner from the room, referred to in report Annexure P-7 of Local Commissioner Shri Vipul Prabhakar, except by due process of law. 6. Pending application(s), if any, also stand disposed of, in view of the disposal of the main petition. (Surjit Singh) Judge 22nd July, 2010 (rajni)