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2006 Supreme(Raj) 195

P.S.ASOPA
Mohammad Salim – Appellant
Versus
Shahin Sah – Respondent


Advocates Appeared:
Nemi Chand Choudhary, for Petitioner Shailesh Prakash Sharma, for Respondents

Honble ASOPA, J.–By the instant writ petition the petitioner has challenged the order dated 18.10.2005 passed by the Civil Judge (Jr. Div.) (South), Kota whereby the applications for temporary injunction as well as mandatory injunction for restoration of the possession has been accepted. The said order has remained upheld in appeal by the Additional District Judge No. 1, Kota vide his order dated 30.11.2005.

(2). Briefly stated the relevant facts of the case are that the plaintiff-respondents filed a civil suit for permanent injunction along with an application for temporary injunction but when the plaintiff-respondents were dispossessed from the shop in question, they filed an application for mandatory injunction with the prayer for restoration of the possession. In both the applications, it has been averred by the plaintiff-respondents that they are tenant of the petitioner and running a beauty parlor in the shop of House No. 4-Cha-5 of Vigyan Nagar, Kota. The shop was taken on rent by Mohd. Siddique, the brother of plaintiff-respondent No. 1 from the petitioner initially at Rs. 800/- per month w.e.f. 1.1.1999. subsequently, the same was increased to Rs. 1,700/- per month. The fur

















































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