SHASHI KAPUR Vs. SULAKSHNA MALHAN

JUDGEMENT

(1.) This is a revision petition under Section 1 15 of the Code of Civil Procedure against an order dated 22nd February, 1980 of Shri K.S. Gupta, Additional Distt. Judge, Delhi, dismissing an appeal against the order of Shri O.P. Gonge, Sub-Juage 1st Class, Delhi dated 6th September, 1979 whereby he granted an interim injunction restraining the petitioners from obstructing the respondents in the construction of the first-floor of house No. S-231, Panchsheel Park, New Delhi, till the disposal of the Suit.

(2.) In view of the extremely limited scope of judicial review under Section 115 of the Code of Civil Procedure it does not appear necessary to go into the details of facts leading to the passing of the impugned order. Even so, briefly recapitulated, the facts are as under:

(3.) Shrimati Sulakshna Malhan, the first respondent before me, entered into a lease-deed with Shri Shashi K.apur, the petitioner before me, in September or October 1976 in respect of premises S-231, Panchsheel Park, New Delhi at a rent of Rs. 1200.00 per month. Soon thereafter, Shrimati Malhan gifted away to her sister Mrs.Mohini Puri half of the property. Mrs. Mohini Puri who lost her husband desired to settle down in Delhi with her minor son and, therefore, planned to construct the first-floor of the aforesaid premises. Petitioner No. 2 helped her in the transfer of rights in respect of the land on which the premises were situated. She went ahead with the necessary prerequirements of undertaking such construction like drawing up and sanction of plans etc. and proceeded to begin actual construction. - When building material came to be stored at the site, i. e., on the land appartaining to the building on S-231) Panchsheel Park, much to the surprise of the respondents petitioner No. 1 objected to the construction activity and obstructed the same.