AIR 1990 PATNA 1

Patna High Court

Hon'ble Judge(s): B. P. Singh , J

Civil P.C. (5 of 1908) , S.151, O.39 R.1, O.39 R.2— Temporary injunction - Can be granted under inherent powers in exceptional circumstances - Such exercise can be in favour of either party to suit - Eviction suit pending -Forcible dispossession of tenant by taking benefit of vacation of Court - Mandatory injunction issued against landlord to vacate premises and put tenant in possession -Valid. In the exercise of its inherent powers, the Court can in exceptional circumstances not covered by the situations envisaged under O.39 Rr. 1 and 2 grant temporary injunction, which includes not only a prohibitory but also a mandatory injunction. While exercising inherent powers, no distinction can be drawn on the ground that such an order is passed at the instance of the plaintiff or the defendant since the justification for the exercise of such power is the existence of exceptional circumstances and interest of justice. Consequently the inherent power of the Court can be exercised in favour of either of the parties.(Para 12) Where taking advantage of the Courts remaining closed during Puja Vacation, the landlord through her husband, a retired D.S.P. and other relatives and musclemen forcibly evicted the tenants in the suit premises, even while the suit was pending before a Court of competent jurisdiction, the situation that arose in the ....