SARDAR SURINDER SINGH Vs. SARADAR RATAN SINGH

JUDGEMENT

(1.) This is an application filed by the appellants seeking exemption from filing certified copies of the impugned order, the pleadings and documents filed before the learned Single Judge which have been filed in the appeal for reference.The application is allowed subject to just exceptions. FAO(OS) 212/2001 and CM 520/2001

(2.) The present appeal has been filed against the order dated 30/04/2001 allowing the application of respondent No.1,who is the plaintiff in the suit, under Order 39 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 and directing the appellants to forthwith remove themselves from the suit premises i.e. D-30, Vijay Nagar, Delhi-110009 and restraining them from re-entering the said premises.

(3.) The suit was filed for declaration, mandatory injunction and permanent injunction by respondents in respect of the aforesaid suit property.It was alleged that the suit property was given on rent to respondent No.1 being a refugee, by the Ministry of Rehabilitation on rental basis.Subsequently an offer was made to the occupants of such houses to purchase the same on leasehold basis on a fixed price to be paid in instalments.Pursuant thereto respondent No.1 made an application,on 27.9.1956 and an agreement on 12.12.1958 was executed with the Government of India for purchase of the suit property. Instalments were paid by respondent No.1 out of his salary and savings and finally lease deed and deed of conveyance were both executed on 31.5.1966 and duly registered.Appellant No.1 and respondents 2 and 3 are the sons of respondent No.1. Appellant No.2 is the wife, and appellant No.3 is the son of appellant No.1.Respondent No.1 has stated in the plaint that his personal relations with the appellant had deteriorated and since the appellants were only staying with respondent No.1 as a licensee, their license was revoked and the appellants were asked to remove themselves from the suit property. On failure to do so suit for the aforementioned reliefs was filed.Alongwith, suit an application under Order 39 Rules 1 and 2 Civil Procedure Code was also filed, which has been allowed by the impugned order.