LEILA GURCHARAN SINGH Vs. LAL CHAND

JUDGEMENT

(1.) The controversy involved in this Suit is rather narrow and at the request of the parties, the Suit is being finally disposed of at this stage.

(2.) The plaintiffs have filed a suit for permanent injunction in which they have prayed that a decree for permanent injunction be granted in favour of the plaintiffs and against the defendants, thereby restraining the defendants, their associates, servants, agents, friends, etc. from, interfering into the peaceful use enjoyment, and running of the petrol pump under the name and style of M/s R.K. Service Station at Yashwant Place, Vinay Marg, New Delhi, by the plaintiffs. The other prayer was that the defendants be restrained from entering into the house of the plaintiffs at E-18, Defence Colony, New Delhi, and E-70, Greater Kailash Part II, New Delhi and cause any obstruction in the living of the plaintiffs in the said property.

(3.) It is averred in the plaint that the land alongwith the superstructure constructed thereupon was on leave and licence basis by M/s Indian Oil Corporation in favour of the plaintiffs vide Agreement dated 28.8.1985, though the plaintiffs have been rinning the business since the year i982. The defendants were running a Kacha Khokha on the land belonging to the Land and Development Office. The land is situated on the rear side of the petrol pump and is contiguous to the land where the plaintiffs have been running their petrol pump business. The defendants were selling cold drinks, tea, coffee, cooked food stuffs like bread pakora, cheese pakora, butter toasts, etc. in the said khokha.