No interim relief be granted against the defendant No.1 , when the defendant No.1 is not claiming any interest in the disputed property and when the liability of the defendant No.1 is to be decided by the trial court .

2020 APEX COURT [29 ]-No interim relief be granted against the defendant No.1 , when the defendant No.1 is not claiming any interest in the disputed property and when the liability of the defendant No.1 is to be  decided by the trial court .- The suit for possession of the suit premises against D1 and D2 – D1 took lease from D2 – D1 handed over the possession to D1 long back itself before filing of the suit – interim order of High court directing  D1 to pay compensation for unauthorised use and occupation is not tenable – Apex court held that the High Court committed manifest error in directing the appellant-defendant No.1 to pay the monthly compensation in respect of suit premises to the plaintiffs-respondent Nos. 1 and 2, in terms of impugned order. First, there is no lis between plaintiffs-respondent Nos. 1 and 2 and appellant defendant No.1. Second, the appellant-defendant No.1 asserted that he was not in occupation of the premises and he returned possession thereof to defendant No.2 who had inducted the appellant. Third, it cannot be assumed at this interim stage that the appellant-defendant No.1 is liable to pay the compensation to the plaintiffs. These are all matters which will have to be considered by the Trial Court in the pending suit.