TMI Blog2019 (2) TMI 2014X X X X Extracts X X X X X X X X Extracts X X X X ..... it filed is a Section 6 suit which is a summary proceeding in itself, the trial Court should endeavour to dispose of the Suit itself within a period of six months from today. The appeal is allowed. - Civil Appeal No. 1416 of 2019 (Arising out of SLP (C) No. 10850/2018) - - - Dated:- 4-2-2019 - ROHINTON FALI NARIMAN AND VINEET SARAN, JJ. For the Appellant : E.C. Agrawala, Rajesh Kumar and Prashi Tyagi, Advs. For the Respondent : B.S. Banthia, Adv. JUDGMENT Rohinton Fali Nariman, J. 1. Leave granted. 2. The Respondent No. 1 filed a Civil Suit dated 05.03.2013 before the Civil Judge, Senior Division, Solan Under Section 6 of the Specific Relief Act in which the following reliefs were claimed: (a) Declaring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 2 admittedly land lady of the suit shop that she has rented the suit shop to Defendant No. 1/Respondent and has set up counter defence that in fact Defendant No. 1 has sublet the suit shop to the Plaintiff which is not at all the case of the Plaintiff prima facie it is clear on record that suit shop was rented by Defendant No. 2 to Respondent/Defendant No. 1 and Defendant No. 1 has been running suit shop since 17.09.2004 when both the Defendants have also reduced rent agreement into writing, copy of which is also available in the case file. As per rent agreement, the tenancy had commenced w.e.f. 01.09.2004. Nothing has come on record, if Defendant No. 1/Respondent had ever vacated/surrendered the possession of the shop in favour of landl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and balance of convenience also lies in her favour. 5. By the impugned judgment dated 10.04.2018, a learned Single Judge of the High Court of Himachal Pradesh set aside the concurrent findings of fact and allowed a revision petition. This was done without dealing with any of the aspects set out by the first Appellate Court. From what one is able to gather, given the language used in the judgment, it appears that the learned Judge was swayed by the fact that a police compliant had been filed on 03.02.2013 in which dispossession was acquiesced in. 6. We are constrained to observe that every legal canon has been thrown to the winds by the impugned judgment. First and foremost, the 1999 amendment to the Code of Civil Procedure added a pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngh and Ors. (1970) 2 SCR 368 this Court held: The position thus seems to be firmly established that while exercising the jurisdiction Under Section 115, it is not competent to the High Court to correct errors of fact however gross or even errors of law unless the said errors have relation to the jurisdiction of the Court to try the dispute itself. Clauses (a) and (b) of this Section on their plain reading quite clearly do not cover the present case. It was not contended, as indeed it was not possible to contend, that the learned Additional District Judge had either exercised a jurisdiction not vested in him by law or had failed to exercise a jurisdiction so vested in him, in recording the order that the proceedings under reference be st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Dorab Cawasji Warden v. Coomi Sorab Warden and Ors. (1990) 2 SCC 117. Para 16 of this judgment is set out hereinbelow: 16. The relief of interlocutory mandatory injunctions are thus granted generally to preserve or restore the status quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted or to compel the undoing of those acts that have been illegally done or the restoration of that which was wrongfully taken from the party complaining. But since the granting of such an injunction to a party who fails or would fail to establish his right at the trial may cause great injustice or irreparable harm to the party against whom it was granted or alternatively not gra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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