Second appeal against injunction decree. Court agreed to modify the lower court's injunction to grant eviction only after following due legal process.
Judgment of court below modified; landlord restrained from evicting tenant without following due process of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010144372019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : RSA 196/2019
1:SRI MANORANJAN BAISHYA
S/O- LATE BIPIN CH. DAS, R/O- H/NO. 52, BELTOLA COLLEGE ROAD, BELTOLA, GUWAHATI-28, DIST.- KAMRUP(M), ASSAM.
VERSUS
1:SRI DHAN NATH
S/O- LATE SURENDRA NATH, R/O- H/NO. 30, SHIVA PATH, GOPAL NAGAR, NOONMATI, GUWAHATI-20, KAMRUP(M), ASSAM.
Advocate for the Petitioner : MR. R J BORDOLOI
Advocate for the Respondent : MR. H NATH
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 16-09-2019
Heard Mr. R.J. Bordoloi, learned counsel for the appellant and Mr. R. Sarma, learned counsel for the respondent.
This second appeal is directed against the judgment and decree dated 10.05.2019 passed by the learned Civil Judge No. 1, Kamrup at Guwahati in T.A. No. 61/2017, whereby the learned appellate court dismissing the appeal of the present appellant confirmed and upheld the decree passed by the learned Munsiff in T.S. No. 214/2015.
Page No.# 2/2
The respondent as plaintiff filed a suit praying for declaration that he is a tenant under the appellant/defendant and also for permanent injunction restraining the defendant from evicting him from the suit premises without resorting to due process of law.
Learned trial court while passing the decree granted a blanket injunction restraining the landlord/defendant from evicting the tenant/plaintiff from the suit premises. As regards the relationship and status of the parties and also the reliefs claimed by plaintiff in the suit, there is no dispute at the bar. The only question raised in this second appeal is that such blanket injunction cannot be given as the same may be prejudicial to the defendant/landlord.
It is agreed by both the parties that the appeal can be disposed of by modifying the relief of injunction granted by the courts below. I find substance in the submissions made by the learned counsel for the appellant. Accordingly, as agreed by the learned counsel for both the sides, the appeal is disposed of at the stage of admission with the following modification in the judgment of the court below.
Decree to be passed accordingly.
The second appeal stands disposed of.
No costs.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether a blanket injunction restraining eviction without due process of law is prejudicial to the landlord.
MANORANJAN BAISHYA
DHAN NATH
MIR ALFAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
