Case: Firm Ishardas Devi Chand &amp; Anr Vs. R. B. Parkash Chand &amp; Anr

2. The relevant facts may be shortly stated. Firm Ishar Das Devi Chand and its two partners Devi Chand and Manohar Lal, brought a suit for a permanent injunction restraining R. B. Prakash Chand, respondent before us, from taking possession of the demised premises, namely. No. 1045/II-13, Katra Ahluwalia, Amritsar, in execution of an eviction order obtained by the respondent against the appellants and one Shri Ishar Das, as per Rent Controllers order dated February 22, 1967. It appears that Ishar Das, partner of the firm called Tara Chand Ishar Das, had executed a rent note, dated May 1, 1948, in favour of the respondent. On February 22, 1967, the Rent Controller passed an order of ejectment against the firm Tara Chand Ishar Das and Shri Ishar Das.

Reasoning: 6. It seems to us that this order dated July 20, 1067, was clearly appealable under Order XLIII, Rule 1, Civil Procedure Code.The preliminary objection of the respondent before the learned District Judge that the order dated July 20, 1967, of the Sub-Judge was passed under Section 151, Civil Procedure Code, and not under Order XXXIX, Rules 1 and 2, Civil Procedurenot sound because in holding that Order XXXIX, Rule 2 did not apply the learned Sub-Judge was not exercising his inherent powers. What the learned District Judge seems to have done is to hold that the application for temporary injunction did not fall, within Order XXXIX, Rule 2 and, therefore, no appeal lay. This reasoning is really on the merits of the case and not relevant to the preliminary objection raised by the respondent.9. We must, therefore, hold that the District Judge and the High Court erred in holding that no appeal lay against the order of the Trial Court, date July 20, 1967.If seems to us that in exercise or the powers under Article 136 we should not interfere with the order of the District Judge. On the merits there is not much to be said in favour of issuing a temporary injunction because the appellants have not made out a prima facie case. The application of the appellants under Section 4 of the East Punjab Urban Rent Restriction Act stood dismissed and the order dismissing that application has not been challenged by the appellants up-to-date. In the proceedings the respondent had denied that there was any relationship of landlord and tenant existing between the appellants and the respondent. Further the learned Sub-Judge, after holding that the appellants had been guilty of laches and delays, came to the conclusion that the balance of convenience was more in favour of the respondent than in favour of the appellants. The learned Sub-Judge does not seem to have exercised his discretion capriciously or arbitrarily and no case for interference has been made out.