Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Petitioners were restrained from using the suit property as mentioned in para no. 5 of the application–Suit for partition and permanent injunction–It was stated in the plaint that the properties were of the joint Hindu Family whereas non-applicant no. 1 claimed that these were self-acquired–Applicant submitted several documents showing himself the proprietor of Chandralok Hotel–Trial Court wrongly concluded that he failed to rebut or file the rejoinder regarding the compensation received by the non-applicant–Issue up to effect that the properties were purchased out of Hindu Joint Family income would be decided after taking the evidence of parties–Order deserves to be modified up to the extent of maintaining the status quo–Directed accordingly.
