LAWS(DLH)-2012-8-490

AVINASH GULATI Vs. SHATURNJAY

Decided On August 27, 2012
Avinash Gulati Appellant
V/S
Shaturnjay Respondents

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution seeks assailing of order dated 08.06.2012 of Civil Judge, Rohini District Courts, Delhi. The respondent had filed a civil suit being Suit No. 638/2011 against the petitioner seeking permanent injunction. His case in brief was that he was the tenant in respect of shop at G -50, Lower Ground Floor, Vardhman Market, West Enclave, Pitampura, Delhi under the petitioner @ Rs. 1,200/ - per month and that he was carrying his business of selling gift items, deodorants and artificial jewellery etc. under the name and style of M/s Archies Gift Shop. He had filed a suit alleging that the petitioner was threatening him to forcibly dispossess him from the suit shop. The shop had one shutter and two keys, one remaining with him and the second with the petitioner. He alleged that on 10.11.2011, the petitioner forcibly snatched the key from him and pressurized to give him in writing that he will vacate the shop immediately. He alleged that on 19.11.2011 again the petitioner came with unknown persons and forcibly threw some of his articles and threatened him to vacate else he will implicate him in some false case. He lodged complaints with the police on 11.02.2012 and 12.02.2012.

(2.) THE case of the petitioner was that respondent was his employee in the said shop for the last 10 -12 years and that on 11.02.2012 he found the respondent having opened the shop with the duplicate key. Thereupon, he reported the matter to the police on 12.02.2012.

(3.) I have learned the learned Senior Counsel for the petitioner and also counsel for the respondent and perused the records.