B. N. DASH, J.

( 1 ) THIS revision under S. 115 of the C. P. C. 1908 ('the Code', for short) is directed against the order of the learned District Judge, Cuttack confirming an order of the learned Subordinate Judge, First Court, Cuttack under O. 39, Rr. 1 and 2 of the Code refused to grant temporary injunction.

( 2 ) LATE Brundaban Palit, the father of respondent No. 1 was originally the owner of the suit land measuring Ac. 8. 12 decimal with a house standing thereon which forms part of current settlement plot No. H/54 measuring an area of Ac. O. 106 decimals under Khata No. 86 of mouza Baharnal in the town of Cuttack and on his death in 1969, the opposite parties succeeded to the same. The husband of the petitioner, namely, Bhagirath Das took the suit property on rent sometime in 1954 and during the period of his occupation H. R. C. Case No. 79 of 1984 was filed by the landlord (opposite party No. 1) for his eviction and no contest having been raised the proceeding was decided ex parte on 6-7-1985. Thereafter, the said tenant filed an application under O. 9, R. 13 of the Code which was dismissed on contest and then he filed H. R. C. Appeal No. 35 of 1985 which also met the same f