SUSHILA AHLUWALIA Vs. ARVIND MEHTA

JUDGEMENT

(1.) This order shall dispose of plaintiff's application under Order XXXIX Rules 1 & 2 read with Section 151 Civil Procedure Code for temporary injunction.

(2.) Smt.Sushila Ahluwalia, wife of Shri Shyam Ahluwalia filed the present suit for permanent injunction against Shri Arvind Mehta and Shri Rhagu Chand, defendants 1 and 2. Shri Shyam Ahluwalia was inducted as a tenant with respect to the House No.A-IT/75, Lajpat Nagar, New Delhi in 1979 by one Shri Gerimal M.Jethra. At the time of filing of the suit, the tenant Shri Shyam Ahluwalia was lodged in Meerut Jail and his wife apprehending dispossession at the hands of defendants 1 and 2, had impleaded him as defendant No.3. Later on be was transposed as plaintiff No.2. in the suit. The plaintiffs have been in continuous possession of the suit property as tenants since the date of their induction as tenants. The defendants claiming to have purchased the suit property from the erstwhile owners, with a view to forcibly dispossess the plaintiffs from the suit premises, started harassing them. They got plaintiff No.2 falsely implicated in a criminal case registered at Meerut and got him lifted from his house. In his absence defendants wanted to encroach upon the open terrace of the house in question and raise construction thereon. The plaintiff No.1 was thus compelled to file the present suit. Along with the suit, an application under Order XXXIX Rules 1 & 2 Civil Procedure Code for grant of temporary injunction restraining the defendants from taking forcible possession of the house and from raising any construction on the roof/terrace, was moved.

(3.) On 26/03/1999 an ad-interim injunction was passed against defendants 1 and 2 restraining them from dispossessing the plaintiff No.I/her family members forcibly or otherwise than by due process of law and from carrying out any work of construction, addition or alteration, in any part of the suit property.