9911796707
TMI Blog1985 (9) TMI 360X X X X Extracts X X X X X X X X Extracts X X X X ..... itioner to forthwith open the padlock put on the main entrance door of the suit premises and restore the possession thereof to the plaintiff-opposite party. The Officer-in-charge of the Shyampukur Police Station has also been directed by the learned Judge to take steps for enforcing the said order and to see that no breach of peace takes place in giving effect to the order. 2. The plaintiff-opposite party has instituted the said suit, inter alia, praying for a declaration of his tenancy right in respect of a room of premises No. 2, Shibdas Bhaduri Street, Calcutta-4 and for a permanent injunction restraining the defendants from interfering with the possession of the opposite party of the said room. It is the case of the opposite party ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r opinion, virtually dispose of the appeal and the alternative application under Section 115 of the Civil P.C. Accordingly, we treat the appeal and the alternative application as on day's list for disposal along with the application for interim stay. 6. Mr. Sakti Nath Mukherjee, learned Advocate appearing on behalf of the petitioner has challenged the jurisdiction of learned Judge to entertain an application under Section 151 of the Civil P.C. for a temporary mandatory injunction for the restoration of possession to the opposite party of the said room. It is submitted by him that as the Civil P.C. has expressly provided in Order 39, Rule 2A for a remedy for the violation of a temporary or interim injunction, the Court has no power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spect, as is evident from the contemner being liable to be ordered to be detained in civil prison, they are in substance designed to effect the enforcement of or to execute the order. 8. It may be that Order 39, Rule 2A is in the nature of an execution proceeding, but the question before us is whether the Court has inherent power to grant a temporary mandatory injunction for the purpose of granting relief to a person who has been dispossessed despite an order of interim injunction. In the instant case, there is no question of execution of the order of interim injunction that was granted in favour of the opposite party restraining the defendants including the petitioner from interfering with the possession of the opposite party of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diction of the Court, the injunction will issue, notwithstanding the amount of inconvenience to the other party, and though the expense thereby caused to him will be out of proportion to any advantage the plaintiff may derive from it. 9. In a case like the present one where the 'restoring things to their former condition is the only remedy' the Court, in our opinion, has to take steps for the purpose in the exercise of its inherent power. In Bhagat Singh v. Dewan Jagbir Sawhney AIR 1941 Cal 670, it has been observed by Lord Williams J. that the Code is not exhaustive; there are cases which are not provided for in it, and the High Court must not fold its hands and allow injustice to be done. Further, it has been observed by his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Rule 2A lays down a punitive measure for the purpose of compelling a party to comply with the order of injunction. The process as contemplated by the said provision may or may not be ultimately effective but, in any event, the procedure laid down in Order 39, Rule 2A is incapable of granting an immediate relief to a party who has been forcibly dispossessed in violation of an order of injunction. We do not think that in such a case the Court is powerless to grant relief to the aggrieved party in exercise of its inherent power. The very object for which Order 39, Rule 2A has been enacted will be fulfilled by the grant of a temporary mandatory injunction and restoration of possession of the aggrieved party. The inherent power of the Court as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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