P. C. Jain, J. - (1.) The petitioner-defendant No. 2 has filed this revision petition under Section 115, CPC against the order dated 25-9-1996 passed by the learned District Judge, Merta whereby the appeal filed by the petitioner was dismissed and the impugned order dated 30-8-1996 passed by the learned Civil Judge (Sr. (Division) Merta was upheld.
(2.) The facts of the case lie in a narrow compass. The plaintiff-non-petitioner filed a suit for permanent injunction against the defendant-petitioner for restraining the petitioner from causing any interference with construction activities of the plaintiff over the shop in question. The plaintiff let out the shop in question to the non-petitioner on Chet VADI 7 Samvat 2047 and a rent note was executed accordingly. It is alleged that the plaintiff wanted to raise constructions over the above shop and for that purpose, it obtained permission from the municipal authorities and when the plaintiff started construction over the roof of the shop in question, the defendant obstructed and, therefore, apprehending violence, the plaintiff filed the suit. The main ground on which the defendant-petitioner resisted the right of the plaintiff to start construction over the roof of the shop was that the roof of the shop was also let out to him. In other words, according to the defendant, the stair case as well as the roof of the shop constitute the demised premises let out by the plaintiff to him.
(3.) Along with that suit, an application for temporary injunction under Order 39, Rules 1 and 2, CPC was also filed. The defendant-petitioner resisted the above application on the aforementioned grounds. He claimed tenancy rights in respect of the roof of the shop also.;