SUMITRA DEVI ANAND Vs. SHANTI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been preferred against the order dated 26-3-2004 of the Delhi Court, by which the appeal filed by the appellants against the order dated 22-11-2003 of the Additional District Judge, was dismissed and the order refusing to grant an injunction in their favour under Order XXXIX, Rules 1 and 2, CPC was affirmed.

(3.) The dispute relates to property bearing No. XVI/442, Sethi Building (originally known as Hafiz Building), Faiz Road, Karol Bagh, New Delhi. After partition of the country, Wazir Chand Anand (for short Anand) and B.S. Sethi (for short Sethi) were tenants of the custodian in the said building. The property was put up for auction on 9-11-1955 and a sale certificate was finally issued in favour of Sethi on 20-7-1961 certifying that he had given the highest bid for Rs. 70,250/- in a public auction and had been declared as purchaser of the property in full. Thereafter, a letter dated 1-9-1961 was issued by the custodian asking the tenants including Anand to attorn in favour of the auction-purchaser, namely, Sethi. Sethi filed eviction petition against Anand on 10-2-1986 on the ground of his bona fide requirement for his residence, in which notice was issued returnable on 20.3.1986. However, much before the said date, Anand appeared before the Rent Controller and filed an application for leave to defend in the eviction petition. He also filed an application for recording a compromise. The Rent Controller recorded statement of the parties and passed a consent order for eviction of Anand and he was given time up to 1-3-1988 to vacate the premises. An undertaking of Anand was also recorded to the same effect and the case was disposed of. 3A. Sethi and Anand were co-brothers as their wives were real sisters. Sethi was an advocate of some standing in Delhi and he passed away in April, 1988. Anand also passed away on 21-12-1999. The appellants are the legal representatives of Anand, while the respondents are legal representatives of Sethi.