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1997 Supreme(Raj) 1276

V.S.KOKJE
Pushap Raj – Appellant
Versus
Kuldeep Singh – Respondent


Advocates:
For the Petitioner:D.S. Shishodia, Advocate.
For the Non-petitioner:P.N. Gupta, Advocate.

JUDGMENT

1. - This is a revision petition against an order passed under Section 151, CPC by Additional Civil Judge, Junior Division, Bhilwara directing the plaintiff to hand over the possession of the shop in dispute to the defendant and not to disturb the possession of the defendant after handing over possession till the disposal of the suit. The plaintiff came to the Court complaining that the defendant who was his tenant for 18 years after having vacated the shop willingly after receiving Rs. 40,000/- on 24-1-96 tried to again take back possession forcibly, on 25-9-96. Apprehending further attempts of dispossession the plaintiff filed the suit on 25-9-96 itself and claimed an injunction against interference in possession and against dispossession. Along with the plaint an application for temporary injunction was also filed claiming a temporary injunction against the defendant restraining him from interfering with the plaintiff's possession of the shop and from dispossessing the plaintiff from the shop till the disposal of the suit.

2. The defendant filed his written statement as well as reply to the temporary injunction application denying the allegation that he had peacefully an












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