(1.) The defendant has filed this appeal against the order passed on 28.11.2000 by learned Single Judge disposing of two applications (IAs. No. 10254/98 and 874/99) filed by the plaintiff respondent. By the impugned order the plaintiff/respondent has been appointed as a receiver of the suit property and has been permitted to transact her business from the premises. Thus I.A.874/99 filed under Order XLI Rule 1 stood allowed and I.A.10254/98 filed under Order 39 Rules 1 and 2 Civil Procedure Code. was dismissed as infructuous.
(2.) On 10.11.1998 suit was filed by the plaintiff/respondent against the defendant/appellant seeking decree for declaration that she was the owner of the shop having bought the same from the defendant on the basis of documents executed on 9.7.1997 for valuable consideration and that the defendant had no right, title or interest in the shop or the goods lying therein. Decree for permanent injunction was also sought restraining the defendant from interfering with her peaceful possession and a decree for mandatory injunction directing the Station House Officer, Police Station, Janak Puri to remove locks of defendant No. 1, which he was alleged to have put on the shutter of the suit property.
(3.) The aforementioned reliefs the plaintiff has claimed alleging that the suit premises, which is a .shop measuring 10' 4-1/2" x 12' was owned by Lakhan Lal Chaurasia, the father of the defendant on the basis of allotment made by Delhi Development Authority. A portion of the shop measuring 5' x 6' had been let out to the plaintiff on a monthly rent of Rs.1,300.00 wherein the plaintiff had been carrying on the business of Jewel lery under the name and style of Durga Jewellery House. Lakhan Lal Cnaurasi'a transferred his rights, title and interest to his son (defendant/appellant) on the basis of documents dated 21.12.1995 for a consideration of Rs.40, 000.00 Thereafter, the defendant started retail business of kitchen-ware and steel utensils from make shift counter on the left-side of the shop and also using the rear portion of the shop for storing his goods after the shop hours. The plaintiff continued to run her Jewellery counter from the portion, which had been let out to her, even after the shoo had been transferred to the defendant.