BATE KRISHNA DAMANI vs KAILASH CHAND SRIVASTAVA

The Supreme Court held that the grant of a temporary injunction to restrain the execution of a decree for eviction is not justified unless a strong prima facie case is established by the applicant. In this case, the Court found that Respondent No. 1, who claimed to be a caretaker and not a tenant, failed to demonstrate any grounds for the injunction after the High Court had previously dismissed his appeal against the refusal of such relief. The Court allowed the appeal, thereby reinstating the execution of the eviction decree.