The Court has inherent power to grant a temporary mandatory injunction for the purpose of granting relief to a person who has been dispossessed despite an order of interim injunction.

( 1 ) THIS is an application for an interim stay of operation of the order No. 18 dt. July 4, 1985 of the learned Judge, 9th Bench, City Civil Court, Calcutta, passed in Title Suit No. 887 of 1985. By the said order, the learned Judge has allowed the application of the plaintiff-opposite party for a temporary mandatory injunction directing the defendant-petitioner to forthwith open the padlock put on the main entrance door of the suit premises and restore the possession thereof to the plaintiff-opposite party. The Officer-in-charge of the Shyampukur Police Station has also been directed by the learned Judge to take steps for enforcing the said order and to see that no breach of peace takes place in giving effect to the order.

( 2 ) THE plaintiff-opposite party has instituted the said suit, inter alia, praying for a declaration of his tenancy right in respect of a room of premises No. 2, Shibdas Bhaduri Street, Calcutta-4 and for a permanent injunction restraining the defendants from interfering with the possession of the opposite party of the said room. It is the case of the opposite party that he has been a tenant of the said room, and that the defendants had been trying to interfere with his possession of the same.

( 3 ) THE opposite party made an application for a temporary injunction and the learned Judge passed an order of interim injunction restraining the defendants from interfering with the possession of the opposite party of the said room. Despite the interim injunction granted by the learned Judge, the defendants including the petitioner in violation of the said order of interim injunction forcibly dispossessed the opposite party from the suit premises.

( 4 ) THE opposite party filed two applications, one under the provision of O. 39, R. 2a and the other under S. 151 of the Civil P. C. praying for a temporary mandatory injunction restoring the possession of the opposite party of the said room with police help. The learned Judge, as stated already, allowed the application for temporary mandatory injunction directing restoration of possession of the opposite party of the said room in the said premises with police help.

( 5 ) BEING aggrieved by the impugned order of the learned Judge, the petitioner has preferred an appeal against the same and filed the present application for an interim stay of operation of the said order. The petitioner has also filed an application under S. 115 of the Civil P. C. in the alternative. Elaborate submissions have been made by both the parties. The disposal of the application for interim stay will, in our opinion, virtually dispose of the appeal and the alternative application under S. 115 of the Civil P. C. Accordingly, we treat the appeal and the alternative application as on day's list for disposal along with the application for interim stay.

( 6 ) MR. Sakti Nath Mukherjee, learned Advocate appearing on behalf of the petitioner has challenged the jurisdiction of learned Judge to entertain an application under S. 151 of the Civil P. C. for a temporary mandatory injunction for the restoration of possession to the opposite party of the said room. It is submitted by him that as the Civil P. C. has expressly provided in O. 39, R. 2a for a remedy for the violation of a temporary or interim injunction, the Court has no power to grant a temporary mandatory injunction in exercise of its inherent power. It is contended on behalf of the petitioner that the provision of O. 39, R. 2a is a provision for execution of an order for a temporary injunction, and that in case of disobedience of a temporary or an interim injunction, the only remedy of the aggrieved party is to avail himself of the provision of O. 39, R. 2a. It is submitted in view of O. 39, R. 2a, S. 151 of the Civil P. C. has no manner of application in the case of violation of a temporary injunction. Our attention has been drawn to S. 51 of the Civil P. C. which lays down the powers of the Court to enforce execution.