Arun B. Saharya, C.J.@mdashIn this revision petition, filed u/s 115 of the Civil Procedure Code, the petitioners (plaintiffs) have challenged lower Appellate Court''s order dated 11.4.1994 setting aside status quo order dated 24.7.1993, passed by the Trial Court in a Suit for permanent injunction filed by the plaintiffs for restraining the contesting defendants 1 to 5 from interfering with their peaceful enjoyment of possession of the premises ;in question.
2. The plaintiffs claim possession of the premises are tenants on the basis of a Rent Note, alleged to have been executed by the contesting defendants. They alleged that the owner-defendants had started construction work for opening up a door and a ventilator towards their tenancy premises with a view to harass them.
3. It is not disputed that the contesting defendants are owners of the premises in question. Trial Court made the order of status quo on 24.7.1993, on the basis of the rent note set up by the plaintiffs. The Lower Appellate Court set aside the order of status quo on the ground that the alleged rent note had been executed by Proforma respondent No. 1, Narain, and not by the contesting defendants.
4. The question of authority of Narain to execute the rent note, and/or the effect of the rent note, would be matters for determination of the jural relationship of the parties as tenants and landlords after trial of the suit. During the pendency of the suit, however, suitable arrangement had to be made for preserving and protecting the interests of the parties in relation to the premises.
5. The Trial Court was justified in directing the parties to maintain status quo regarding construction and possession affecting peaceful enjoyment of the premises. The lower Appellate Court acted in the exercise of its jurisdiction illegally in setting aside that order, merely on the ground that the rent note had been executed by Narain and not by the contesting defendants. The same is hereby reversed.
6. Status quo order dated May 18, 1994 passed at the time of admission of the revision petition, is hereby confirmed and the same would continue till the final disposal of the suit. The revision petition is accordingly allowed. No costs.
