OM PRAKASH Vs. GIAN CHAND

JUDGEMENT

(1.) (Oral)

(2.) THIS appeal has impugned the judgment and decree dated 01.9.2003 which has endorsed the finding of the trial judge dated 24.1.1994 whereby the suit of the plaintiff seeking mandatory injunction had been dismissed.

(3.) PERUSAL of the plaint show that this was a suit for mandatory injunction wherein it had been averred by the plaintiff that he is a tenant in the first floor of house No.977, Pam Mandi, Sadar Bazar, Delhi. The defendants recently with malafide intention had tried to close the entry of the plaintiff by constructing a four inch thick wall in the main entrance gate of the plaintiff thereby denying him access through main entry. Learned counsel for the respondent has pointed out that in the entire plaint there is not a whisper of a staircase which is now the bone of contention before this Court and finds mention in the substantial questions of law which have been formulated by the appellant in the body of the appeal. This submission of the learned counsel for the respondent is correct.