URMILA DEVI JAIN Vs. SHOREY LAL

JUDGEMENT

(1.) . This petition filed under Article 227 of the Constitution of India has challenged the order of an Additional Senior Civil Judge dated 22.1.1996 by which he has partially allowed the interlocutory injunction application of the respondents (plaintiffs) and has restrained the petitioner from using the disputed latrine and bathroom on the second floor of the premises except by herself and the members of her family during the pendency of the suit.

(2.) . Briefly, the facts are that the two respondents have filed a civil suit for permanent inJunction against their landlady, the petitioner for restraining her, her agents and servants from using the latrine and bathroom. shown in the site plan, annexed to the petition situated on the second floor of property no.105. Darya Ganj. Delhi. Their allegation is that plaintiff no.1 is a tenant in a portion of the second floor since 1943 and plaintiff no.2 became the tenant in another portion at the same floor in 1947 and that both of them are using the common amenity of latrine and bathroom existed there from the inception of their tenancy. There is another room on the second floor used as barsati/store which was in occupation of the owners and was used only occasionally otherwise it remained closed. The petitioner filed eviction cases against the plaintiffs which are pending. She had five latrines and five bathrooms on the ground floor and first floor of this building which is in her possession. In order to cause harassment to the respondents and compel them to vacate, she has lodged four servants in the room on the second floor, who have started using the common latrine and bathroom which was in the exclusive use of the plaintiffs for the last ten days (suit was filed in 1989). Respondent no.1 is living in the tenanted premises with his family and respondent no.2, who is advocate, is residing in his accommodation and is also having his professional office there.

(3.) . Along with the suit, an application for ad interim injunction is filed in which allegations, more or less, similar to the main suit were made. It was prayed that by ad interim injunction the petitioner and her servants may be restrained from using the common latrine and bathroom situated at the second floor.