- (1.) 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.1 and 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. The appellants filed an appeal against that order to the District Judge, Amritsar, who upheld the preliminary objection of the respondents that no appeal lay against that order on the ground that the order was passed under Section 151, Civil Procedure Code, and not under Order XXXIX, Rules 1 and 2. The High Court dismissed the revision filed by the appellants in limine. The appellants having obtained special leave the matter is before us.
(2.) The relevant facts may be shortly stated. Firm Ishar Das Devi Chand and its two partners Devi Chand and Manohar Lal, brought a suit for a permanent injunction restraining R. B. Prakash Chand, respondent before us, from taking possession of the demised premises, namely. No. 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 Controller's order dated February 22, 1967. It appears that Ishar Das, partner of the firm called Tara Chand Ishar Das, had executed a rent note, dated May 1, 1948, in favour of 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.
(3.) 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. In that application an issue was raised as to whether any relationship of landlord and tenant existed between the appellants and the respondent.;