BABU LAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This revision petition is directed against the order dated 13th March, 1990 passed by Shri V.S. Aggarwal, Additional District Judge Delhi wherein he has dismissed an application underorder 39 Rules 1& 2 read with Section 151 of the Code of Civil Procedure, 1908 filed on behalf of the petitioner-plaintiff restraining the respondent-defendant from dispossessing the petitioner from the shop bearing No. 3/45, New Link Road, New Dilhi on the ground that the appellant-petitioner is in possession of the shop as owner of the same.

(2.) Learned Additional District Judge, after having discussed the matter, has come to the prima facie finding that the petitioner is not the owner of the shop and be. has not come with clean hands and, therefore not entitled to the relief asked for by him.

(3.) From the judgment, it appears that the submission made by the learned counsel for the appellant before the Additional District Judge was that even if it is assured that he is a trespasser, he cannot be dispossessed by the owner without recourse to law. The learned Additional District Judge, however, has not considered this aspect of the matter.