In that application an issue was raised as to whether any relationship of landlord and tenant existed between the appellants and the respondent.
appellants filed an application under O. XXXIX rr.
Firm Ishar Das Devi Chand and its two partners, Devi Chand and Manohar La, brought a suit for a permanent injunction restraining R. B. Parkash Chand, respondent before us, from taking possession of the demised premises, namely, No.
1045/11 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.
Appeal by special leave from the judgment and order dated May 22, 1968 of the Punjab and Haryana High Court in Civil Revision No.
It appears that in the eviction application filed by the respondent the appellants had filed an application under s. 4 of the East Punjab Urban Rent Restriction Act, 1949, which was dismissed.
1,875/and the third cheque on June 17, 1965, for Rs.
Bishan Narain, B. Datta and O. C. Mathur, for the appellants.
422 of 1968.
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 S. 151, C.P.C., and number under O. XXXIX rr.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The High Court dismissed the revision filed by the appellants in limine.
S. Gupta and S. K. Dhingra, for respondent No.
1 2, C.P.C., and s. 151, C.P.C., filed by the appellants for grant of a temporary injunction till the disposal of the suit brought by the appellants.
In deciding that numbersuch application lay under O. XXXIX r. 2 on the ground that what the appellants were companyplaining of was number an injury within O. XXXIX r. 2 he was passing an order under O. XXXIX r. 2 itself.
The relevant facts may be shortly stated.
On February 22, 1967, the Rent Controller passed an order of ejectment against the firm Tara Chand Ishar Das and Shri Ishar Das.
The Judgment of the Court was delivered by Sikri, J. This appeal by special leave arises out of the order dated July 20, 1967, of Sub Judge, Amritsar, dismissing an application under O. XXXIX rr.
The appellants having obtained special leave the matter is before us.
1,5001 .
According to the appellants, this acceptance of the rent made them tenants under the respondent.
1709 of 1968.
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.
It was companytended before the learned Sub Judge that the res pondent had accepted payment of three cheques, one on March 13, 1963, for Rs.
1,175/ , secondon April 2,1964, for Rs.
1 2, and S. 15 1, C.P.C. The learned Sub Judge had to companysider whether this application was companypetent or number companypetent under r. 2 of O. XXXIX.
