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1998 Supreme(Guj) 47

N.N.MATHUR
Ramesh Devchand Pala – Appellant
Versus
Jayantkumar Gordhandas Madani – Respondent


Advocates Appeared: M.B.GANDHI, SURESH M.SHAH, Yamini Desai

N. N. MATHUR, J.

( 1 ) THIS Revision Application is directed against the order dated 20. 1. 1988 passed by the Second Extra Asstt. Judge Junagadh whereby the learned Judge set aside the order of the Second Civil Judge (SD),. Junagadh below Exh. 5 in RCS No. 599/97 dated 25. 11. 1997 and granted injunction below Exh. 5 directing the defendants to handover the vacant and peaceful possession of Shop No. 8 situated in Balkrishna market, Haveli Gali at Junagadh City within 10 days as a tenant of the suit shop.

( 2 ) THE question posed in this Revision application is whether a tenant who has been thrown out by the landlord in a high-handed manner indisregard to the rules recognized in a civilized society, is entitled to interim relief by way of mandatory injunction for restoration of possession pending suit? While the learned Trial Judge answered the question posed in negative, the Appellate Judge observing that in such a situation, the Courts cannot sit and watch the proceedings as a silent spectator and show its helplessness, answered the question in affirmative. The learned Judge, while granting relief of restoration of possession by interim order, has placed reliance on various decis









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