Law: Civil Procedure Code (V of 1908)

Section: 1,2

Law: Specific Relief Act, 1877

Section: 42,54

Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1 & 2---Specific Relief Act (I of 1877), Ss. 42 & 54---Lease agreement---Allegation with regard to encroachment on behalf of lessee---Notice for cancellation of lease---Suit for declaration and permanent injunction---Temporary injunction, grant of---Scope---Trial Court dismissed application for grant of temporary injunction---Validity---Lease hold right of a lessee was subject to the terms and conditions of lease-deed---Lessor in case of any violation had right to intervene and take steps as required under the law---Civil suit was pending before the Trial Court and it was not appropriate to discuss merits of the case---Different lease agreements executed at different times were on record which had not been considered while passing the impugned order by the Trial Court---Nazir of the Court was appointed by the High Court as local commission and he was directed to make inspection and submit his report with regard to encroachment if any, beyond the lease document---Impugned order passed by the Trial Court was set aside and matter was remanded with the direction to pass afresh order in the light of report of local commission---Appeal was dismissed, in circumstances. JUDGMENT FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The appellant has filed applications under Order XXXIX, Rules 1 and 2 in two civil suits of similar nature (Civil Suit Nos. 258/2014 and 641/2014) under the original jurisdiction of this Court. The learned Single Judge heard both the applications and decided them by the same order dated 11-09-2014. Since the appellant has challenged the impugned order in both the above referred High Court Appeals; we therefore, consider that this single order would suffice to dispose of both of them. 2. It reflects from the impugned order that the appellant has filed the above-mentioned civil suits for declaration, injunction, and damages by claiming himself to be the owner/ proprietor of Messrs Son of the Sea. The said firm deals in the business of fish processing and export of frozen seafood. He has a sub-lessee of Plot No. K-II/A measuring 1149 square yards through a lease-deed. The purpose of the lease, as…

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