Dev Darshan Sud, J.(oral)

This petition under Article 227 of the Constitution of India has been preferred by the plaintiff against the judgment and order of the learned Additional District Judge, Fast Track Court, Shimla reversing the judgment and order passed by the learned Civil Judge (Junior Division), (V), Shimla granting an injunction in favour of the plaintiff and against the respondent directing the respondent-defendant No.1 from interfering in possession of the plaintiff in the suit premises described as ‘Gift Centre’, Shop No. 89, The Mall, Shimla.

2. The plaintiff instituted the suit in which application for interim directions under Order 39 Rules 1 and 2 of the Code of Civil Procedure was filed out of which these proceedings arise.

3. In the suit, it was pleaded that plaintiff Pardeep Kumar Abrol is the proprietor of shop described as ‘Gift Centre’ The Mall, Shimla and was carrying on business with his father since the year 1978. It was pleaded that the premises had been taken on rent by Shri Tilak Raj from the proforma-defendant namely Chander Mohan Sharma in the year 1970 for running the business under the name and style of ‘Gift Centre’. The plaintiff had join