HIRA LAL Vs. BHAGWATI PRASAD

JUDGEMENT

(1.) THIS appeal has been directed against the impugned judgment and decree dated 08.10.2003 which had endorsed the finding of the trial judge dated 14.7.2003 whereby the suit of the plaintiff filed by the plaintiff Hira Lal seeking permanent and mandatory injunction to the effect that defendants no.1 to 5 (who are tenants in the suit property) be directed not to pay the rent to the defendant no.6 Om Prakash (brother of the plaintiff) but to the plaintiff.

(2.) THE plaintiff claimed himself to the owner of house No.C-1 (Plot No.60, MCD No.145), Sanwal Nagar, New Delhi. Defendants no.1 to 5 were his tenants. Defendant no.6 was his real brother who has been authorized to collect rent on his behalf from the tenants. Acrimony arose between the parties. Plaintiff sent legal notice informing defendant no.6 that he did not want him to collect rent on his behalf. Defendant no.6 did not adhere to this request. Present suit was accordingly filed.

(3.) ON the basis of these pleadings, the trial judge had framed the following three issues: it read as follows: