Navaniti Prasad Singh, J.

1. The three defendants are the petitioners before this Court and this revision application has been filed against the appellate order by which the order of the trial Court has been reversed in an injunction matter. The trial Court had refused interim injunction. The appellate Court has granted injunction in a very peculiar form. The opposite party is the plaintiff who had appealed against refusal of injunction. Shri S.S. Dwivedi, learned Senior Counsel appears on behalf of defendants-petitioners and Shri S.K. Majumdar, learned Senior Counsel appears on behalf of plaintiff-opposite party. Heard the parties.

2. The plaintiff filed Title Suit No. 487 of 1999 in the Court of Sub Judge I, the plaint whereof is Annexure-1. The relief claimed was for a direction to the defendants to repair the shop failing which permit the plaintiff to repair the shop and further to injunct the defendants from letting out the shop to another. On the face of it, there was apparent contradiction. If the prayer was for the repair of the shop, it presupposes the plaintiffs possession. If the prayer was for injuncting the defendants from letting out the shop to another, it presupposes the plaintiff was not in possession. However, this need not detain this Court at this moment. In course of the proceedings, an injunction application was filed with a prayer that the plaintiff be put in possession and the shop be repaired. The trial Court rightly rejected the prayer on the simple ground that by way of interim relief, the final relief cannot be granted.

3. The matter was then taken by the plaintiff to the appellate Court. I need not go through the lengthy order of the appellate Court for the simple reason that after reversing the order of the trial Court refusing injunction, the appellate Court has ordered thus:

Respondents are hereby directed to hand over the shop in question to the appellant within the period of two months from this order by completing the reconstruction work in the said shop.

This is the order that is assailed by the defendants-petitioners.

4 Shri Dwivedi, in his brief submission, has pointed out that firstly no injunction at interim stage can be granted which would amount to granting final relief. Moreover, interim injunction cannot be granted even beyond the ultimate relief as prayed in the plaint. On the other hand, Shri Majumdar appearing for the plaintiff has relied on a decision reported in the case of Joynarain Sarogi v. Brojendra Nath Misra and Ors. AIR (38) 1951 Patna 546 to submit that mandatory injunction at interim stage can be granted and then relied on the decision of the Apex Court in the case of the Managing Director (MIG) Hindustan Aeronautics Ltd Balanagar, Hyderabad and Anr. V/s. Ajit Prasad Tarway, Manager (Purchase and Stores) Hindustan Aeronautics Ltd Balanagar, Hyderabad reported in - to submit that the appellate Court had the jurisdiction to decide the matter whether it decided the matter rightly or wrongly it decided it within its jurisdiction. Having taken a decision within its jurisdiction, the revision application u/s. 115 of CPC would not lie. I have considered the rival contentions.

5. The present application must succeed and the so-called injunction order which is more in the shape of a final judgment and decree is liable to be vacated. The final relief as claimed was limited to a direction for repair and restraining defendants from letting out the premises to anyone else. So far as the relief for repair is concerned. Shri Majimdar for the plaintiff-opposite party has submitted that the plaintiff being a tenant had the remedy u/s. 9 of the Bihar Buildings (Lease, Rent & Eviction) Control Act (hereinafter referred to as "the Act"). It had moved the Rent Controller for repairs. The Rent Controller directed the landlords. The landlords appealed without success. The defendants did not obey the orders of the Rent Controller. Therefore, the plaintiff-tenant had to file the suit. I