JUDGMENT :

R.F. Nariman, J.

1. Leave granted.

2. The Respondent No.1 filed a Civil Suit dated 05.03.2013 before the Civil Judge, Senior Division, Solan under Section 6 of the Specific Relief Act in which the following reliefs were claimed:

“(a) Declaring that the effect the plaintiff was running business in Shop No.3 in the name and style M/s Om Garments owned by proforma Defendant No. 2 in Anand Complex, The Mall Solan w.e.f. 28.01.2013 on the basis of partnership deed of the said date with proforma Defendant No. 2 and the plaintiff has been wrongly dispossessed by the Defendant No. 1 from the Shop No. 3 in the intervening night of 03.03.2013–04.03.2013 illegally, wrongfully, without the consent of the plaintiff or proforma Defendant No. 2.(b) Decree for permanent prohibitory injunction restraining the Defendant No. 1 from causing any interference on any portion of suit premises/Shop No. 3 mentioned above.”

3. A written statement was filed by the appellant herein denying the averments made in the Suit and stating that he has been in possession since 2004 as a tenant of the landlady, who is Respondent No.2 before us.

4. The landlady also filed a written statement dated 05.07.2013 in whic