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2017 (2) TMI 1505 - SC - Indian LawsSeeking permanent injunction against the original tenant - restraint from constructing any permanent structure on the tenanted premises and further from subletting the same or transfer it in any manner - HELD THAT:- Filing of the plaint of earlier suit and proving it as per law is imperative to sustain the plea of Order 2 Rule 2 Code of Civil Procedure. Unless that is done, the stand would not be entertainable. Though Mr. Tanmay Agarwal, learned Counsel for the Respondents has made enormous effort to distinguish the decision in GURBUX SINGH VERSUS BHOORALAL [1964 (4) TMI 110 - SUPREME COURT], the same is not distinguishable. It is mandatory that to sustain a plea under Order 2 Rule 2 of the Code of Civil Procedure, the Defendant is obliged under law to prove the plaint and the proof has to be as per the law of evidence. Matter remanded to the High Court for proper appreciation of the material on record and to deal with the contentions raised by the Appellants therein in accordance with law within the parameters of the revisional jurisdiction - appeal allowed by way of remand.
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