M R SETHI Vs. GURMAUJ SARAN BALUJA

JUDGEMENT

(1.) The respondent is the owner of the building on plot No. 12/18, Western Extension Area, Karol Bagfa, New Delhi, comprising of three floors. The ground floor of this building is in the occupation as a tenant of the appellant while the entire remaining building is in the occupation of the respondent. The aforesaid plot has some open spaces in the front and on two sides of the said building. The respondent filed the suit which has given rise to this second appeal on May 15, 1968 which was decided by Mr. M. S. Saini Subordinate Judge 1st Class, Delhi, by his order dated April 7, 1970.

(2.) The respondent's case was that barring the building on the ground floor, the other areas on the ground floor including the open spaces in 'this plot were in his possession; that in order to harass and annoy the respondent, the, appellant placed an old, out of order and used Ford car bearing No. DLC 7525 in one of the open spaces at the place marked 'X' in the plan attached to the plaint and. that in spite of a notice given, the appellant did not remove the car giving rise to the cause of action for the suit. In the written statement the case of the appellant was that in addition to the building on the ground floor, the courtyard and other open spaces formed part of the tenancy premises in which the respondent had only aright of passage to the garage and servant quarters etc. through the main gates. 'The appellant also pleaded that he had been parking the car in the courtyard for the last six or seven years. The written statement was filed on August 7, 1968, .and' the case of the appellant, therefore. appears to be that he had been parking the car since "1961-62.

(3.) On the pleadings of the parties, the trial Court framed the following two issues apart from the issue of relief:-