KEWAL KISHAN Vs. KHURANA KAJ HOUSE

JUDGEMENT

(1.) Present revision petition under Section 115 of the Code of Civil Procedure 1908 (for short as "Code") has been filed by petitioner against order dated 12th May, 2010, passed by Senior Civil Judge, New Delhi, vide which application of petitioner under Order 7 rule 11 of the Code was dismissed.

(2.) Brief facts of this case are that, respondent (plaintiff in the trial court) is a partnership firm with Mr. Ravinder Pal Singh and Mr. Paramjeet Singh as its partner. Respondent's firm had taken the suit property on rent from the father of petitioner in 1976-1977. Petitioner has been threatening to raise construction over the roof of the suit property which form part of respondent's tenancy. Accordingly, respondent filed a suit for permanent and mandatory injunction against petitioner and Municipal Corporation of Delhi.

(3.) Petitioner in its written statement took the plea that respondent is an illegal and unauthorized sub-tenant in the suit shop and he never accepted respondent's firm as its tenant.