Firm Ishar Das Devi Chand and its two partners, Devi Chand and Manohar Lal, brought a suit for a permanent injunction restraining R. B. Parkash Chand, respondent before us, from taking possession of the demised premises, namely, No.
This appeal by special leave arises out of the order dated July 20, 1967, of Sub Judge, Amritsar, dismissing an application under Order XXXIX Rules 1 2, C.P.C, and Section 151, C.P.C, filed by the appellants for grant of a temporary injunction till the disposal of the suit brought by the appellants.
The appellants filed an appeal against that order to the District Judge, Amritsar, who upheld the preliminary objection of the respondents that numberappeal lay against that order on the ground that the order was passed Under Section 151, C.P.C, and number under Order XXXIX Rules 1 2.
In that application an issue was raised as to whether any relationship of landlord and tenant existed between the appellants and the respondent.
On February 22, 1967, the Rent Controller passed an order of ejectment against the firm Tara Chand Ishar Das and Shri Ishar Das.
It was companytended before the learned Sub Judge that the respondent had accepted payment of three cheques, one on March 13, 1963.
for Rs.
The High Court dismissed the revision filed by the appellants in limine.
1,875/ and the third cheque on June 17, 1965, for Rs.
According to the appellants, this acceptance of the rent made them tenants under the respondent.
1,175/ , second on April 2, 1964, for Rs.
The appellants having obtained special leave the matter is before us.
The relevant facts may be shortly stated.
It appears that Ishar Das, partner of the firm called Tara Chand Ishar Das, had executed a rent numbere, dated May 1, 1948, in favour of the respondent.
1,500/ .
It appears that in the eviction application filed by the respondent the appellants had filed an application Under Section 4 of the East Punjab Urban Rent Restriction Act, 1949, which was dismissed.
1045/II 13, Katra Ahluwalia, Amritsar, in execution of an eviction order obtained by the respondent against the appellants and one Shri Ishar Das, as per Rent Controllers order dated Feb. 22, 1967.
