SABYASACHI BHATTACHARYYA,J. - (1.) The present challenge is against the refusal of mandatory injunction by the trial court in a proceeding under section 6 of the Specific Relief Act, 1963.
(2.) The petitioner, by relying primarily on a licence agreement and a notice to quit served by the opposite party, argues that the petitioner was undisputedly in possession of the suit premises when it was dispossessed by the opposite party.
(3.) The trial judge, while refusing such injunction, proceeded only on the basis that grant of such mandatory injunction at such a stage, would amount to decreeing the suit itself. Such observation was made, despite the trial court having specifically found that, on the basis of the petition, supported by an affidavit, it clearly appeared that the plaintiff had a prima facie case to face the trial and that the balance of convenience and inconvenience tilted in favour of the plaintiff.;