AIR 2008 (NOC) 1402 (UTR.) ::2008 (2) All LJ 696 ::2008 (4) AKAR (NOC) 576 (UTR.) ::2008 A I H C 2032 ::(2007) 3 All RentCas 797

Uttarakhand High Court

Hon'ble Judge(s): Rajesh Tandon , J

(A) Specific Relief Act (47 of 1963) S. 41 (c)— Permanent injunction — Refusal — Non-payment of license fee by licensee — Plaintiff licensee had himself initiated arbitration proceedings and after award of arbitrator, there was no reason not to follow same by plaintiff — No injunction can be granted to the plaintiff restraining his eviction as conduct of plaintiff showed that he wanted to occupy premises in breach of contract which he had entered into with University — Cannot be allowed to retain accommodation without payment of licence fee agreed between parties 1995 AIR SCW 1439, Rel on