INDER SEN ISRANI, J.—This revision petition has been filed against the order dated 23.3.1987 passed by the learned Additional District Judge No. 1, Jaipur City, Jaipur in Misc. Petition No. 54/87 confirming the order dated 17.3.87 passed by the Additional Munsiff and Judicial Magistrate No. 4, Jaipur City, by which the application of the petitioner under Order 39 Rules 1 and 2 C.P.C. was dismissed.

2. The shop in dispute was mortgaged with the non-petitioners No. 6 and 7 for a sum of Rs. 6500/- for a period of 10 years by a registered mortgage deed dated 11.11.1968 and vacant possession of the same was handed over to the mortgagees. The mortgagees by virtue of powers vested in them according to the mortgage deed, gave the shop in dispute on rent to the present petitioner at the rent of Rs. 80/- p.m. The mortgagor filed a suit for redemption on 22.5.75 and a preliminary decree in his favour was passed on 11.7.79. On appeal, this preliminary decree was modified vide order dated 15.9.81 and final decree holding that the mortgagor was entitled to take actual possession of the shop in suit was passed on 29.6.82. On 3.8 82 suit for permanent injunction was filed by the present petitioner-

Click Here to Read the rest of this document