SWARN KANTA PUNJ Vs. SURABHI GEHLOT

JUDGEMENT

(1.) THE Plaintiff has filed I.A. No. 1035 of 2013 under Order XXXIX Rule 1 and 2 CPC to restrain the Defendants from interfering, in any manner, egress and ingress of Plaintiff, her family members, relatives and friends to the premises under her occupation at 12, Kasturba Gandhi Marg, New Delhi ('suit premises') and parking her vehicle in front of/or near the entrance of the suit premises in the open space as detailed in the site plan enclosed with the plaint.

(2.) THE Plaintiff is a senior citizen aged 76 years and is a widow. Her husband Shri Swaran Lal died on 23rd March 1974.

(3.) SHRI Sardar Mohan Singh had filed a petition for eviction of Shri Chaman Lal in the Court of the First Additional Rent Controller on various grounds. The said petition was dismissed on 9th August 1965. It was held that Shri Chaman Lal was living in the said premises as a member of the joint Hindu family along with his brother Shri Swaran Lal, the deceased husband of the Plaintiff, and there has been no sub-letting assigning of the possession of the suit premises. It is accordingly claimed that since 1948, Shri Chaman Lal and his brother's family had been living in the suit premises as tenants. After the death of Shri Swaran Lal, his family members had been in possession and the Plaintiff, i.e., the widow of Shri Swaran Lal has been paying rent to the landlord. After Shri Chaman Lal shifted to Chandigarh, the suit premises continued to remain in possession of the Plaintiff and her children. After the marriage of the children, the Plaintiff continued to live in the suit premises.