BRAHM SARUP Vs. DHAPI NAHATA

JUDGEMENT

(1.) This revision petition is directed against the order of the learned Subordinate Judge, 1st Class, Delhi, dated 10.4.81 whereby the learned Subordinate Judge dismissed the application filed by the petitioners-defendants u/s 151 of the Civil Procedure Code for staying the operation of the ex-parte decree for injunction 14.11.80.

(2.) It appears that on or about 15.1.80, an application was filed by Smt. Dhapi Mahata against Shri Brahm Satup Uppal for ejectment from a miani situated in premises No. 41. U. A. Jawahar Nagar, Delhi on various grounds including the ground of non-payment of rent. On 15.3.1980 written statement was filed by Shri Brahm Satup Uppal inter alia pleading that the premises were not let out to him alone but were let out to a firm M/s Brahm Sarup Krishan Lal of which apart from him there were two other partners, Shri Des Raj and Shri Krishan Lal. Replication was filed on or about 24.4.1980. On 11.8.1980 the Additional Rent Controller deferred passing interim order u/s 15(1) of the Delhi Rent Control Act for the reason that there is a substantial dispute between the parties as to whether Shri Brahm Sarup Uppal is a tenant or the firm M/s Brahm Sarup Krishan Lal is the tenant.

(3.) Three months thereafter, on 5.11.80 a suit was field for permanent injunction against Shri Brahm Sarup Uppal and his son Narinder Kumar for restraining them from using the bath room and latrine which is situated in between the first floor and the ground floor of the aforesaid building.