In a suit for eviction - interlocutory application U/o 39 R 1 & 2 seeking exparte injunciton directing the tenant to pay arrears of rent is not maintainable

Supreme Court of India
Food Corporation Of India vs Sukh Prasad on 24 March, 2009
Author: R.V.Raveendran
Bench: R.V. Raveendran, Markandey Katju
1
Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.380 OF 2007
Food Corporation of India ... Appellant
Vs.
Sukh Deo Prasad ... Respondent

An interim direction to a defendant-tenant in a suit by the creditor against the landlords/borrowers, to deposit the arrears of rent in court and to continue the deposit the rents in court with a condition that the tenant will have to pay interest if the rent was not so deposited, cannot be considered to be an order of `injunction'. In a general sense, though every order of a court which commands or forbids is an injunction, but in its accepted legal sense, an injunction is a judicial mandate operating in personam by which, upon certain established principles of equity, a party is required to do or refrain from doing a particular thing [see Howard C. Joyce - A Treatise on the Law relating to injunctions (1909) S. 1 at 2-3]. A direction to pay money either by way of final or interim order, is not considered to be an `injunction' as assumed by the courts below