Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Restoration of the possession and grant of interim injunction in favour of the respondent no. 1–Justification–Suit for declaration of tenancy rights–Appellant is uncontrov-ertibly the absolute owner of the property–He has entered into an agreement to redevelop the property–The restraint imposed by the impugned injunction significantly circumscribes his legal right to derive commercial benefit from the property–Disputed area is merely 550 square feet out of the total area of 22,000 square feet–Entire re-development project has been impeded and the appellant would suffer irreparable injury if the injunction is allowed–Impugned order is set aside with direction to the appellant to keep one unit measuring about 550 square feet reserved in the developed property as a security to protect the alleged right of the respondent no. 1 in the event that the pending suit is decided in his favour.
