JUDGMENT :

Suman Shyam, J.

Heard Mr. B.D. Deka, learned counsel appearing for the appellant/applicant. I have also heard Mr. A. Sharma, learned counsel representing the respondent no. 1. Mr. T.J. Mahanta, learned senior counsel assisted by Mr. R. Chakraborty, learned counsel has appeared for the respondent no. 2.

2. This appeal, filed under Order XLIII Rule 1(r) of the Civil Procedure Code, is directed against the order dated 13/05/2019 passed by the learned Civil Judge No.1, Kamrup (M) at Guwahati in Misc. (J) Case No. 343/2019 arising out of Title Suit No. 181/2019, rejecting the prayer made by the appellant for issuance of an order of ad-interim injunction, inter-alia retraining the respondent no. 2 from acting in breach of the conditions contained in Lease Deed No.13602/2016. The appellant has also filed a separate application, numbered and registered as IA(C) No. 1796/2019, praying for an order of temporary injunction from this Court.

3. The facts necessary for disposal of the appeal are these :-

(a) Late Pankaj Dhar Barua i.e. the predecessor-in-interest of the appellant no.1 was the sole proprietor of two firms viz. M/s. Frontier Engineering and Motor Works and M/s Frontier Engineering. During his life time, Pankaj Dhar Barua had purchased 2 (two) contiguous plots of land covered by Dag Nos 98 and 97 of Patta No. 351 situated in village Dispur under Beltola Mouza in the District of Kamrup, described in Schedules A and B respectively, in the plaint. Schedule-A land was purchased in the name of M/s Frontier Engineering and Motor Works whereas Schedule-B land was purchased in the name of M/s Frontier Engineering. During his lifetime, late Pankaj Dhar Barua had also constructed a 6 (six) storied RCC building over the Schedule-A land and let it out to the respondent no. 2 by executing a lease deed on 03/03/2001. As per the stipulations contained in the lease deed dated 03/03/2001, the rent, after the death of Pankaj Dhar Barua, would become payable to his wife and the two sons. Pankaj Dhar Barua died on 20/07/2006 leaving behind his wife and the two sons as legal heirs. The wife of Pankaj Dhar Barua viz. Smt. Rubi Barua died intestate on 13/11/2006 leaving behind her two sons i.e. the appellant herein and the deceased husband of the respondent no.1, Souvik Barua as the surviving heirs. Souvik Barua expired on 25/03/2018 leaving behind his wife i.e. the respondent no. 1.

(b) After the death of Rubi Barua, a registered Deed of Relinquishment bearing No. 6767/2006 was executed on 18/11/2006 by and between the appellant and Souvik Barua whereby, the appellant had relinquished his right, title and interest and claims in the business and assets of M/s. Frontier Engineering out of love and affection towards his brother. Thereafter, on 18/11/2006, both the brothers had also sworn affidavits before the learned Judicial Magistrate, Kamrup at Guwahati solemnly affirming and declaring that the appellant had released and relinquished all his right, title and interest and claims in the business and assets of M/s. Frontier Engineering in favour of Souvik Barua i.e. the deceased husband of the respondent no. 1.

(c) After the execution of the Deed of Relinquishment dated 18/11/2006, Souvik Barua became the sole proprietor of M/s. Frontier Engineering having right and control over the assets of the firm. On 05/05/2012, Souvik Barua had entered into an agreement with the respondent no. 2, thereby leasing out the eastern part of the building standing over Dag No. 98 in favour of the said respondent. On 11/03/2016, Souvik Barua, as the proprietor of M/s Frontier Engineering, had executed a fresh Lease Deed bearing No.13602 was signed by and between Souvik Barua and the respondent no.2 leasing out the entire building standing over the Schedule land which is presently under occupation of the respondent no. 2.

(d) The lease deed dated 11/03/2016 contains a clause in the form of clause 7.4 which lays down that 50% of the rent received from the respondent no