KRISHAN KUMAR WADHWA Vs. DELHI FLOORINGS PVT. LTD

JUDGEMENT

(1.) THE plaintiff has filed this suit for permanent and mandatory injunction pleading that he is a tenant in a portion ad-measuring 2858 sq. ft. along with open space in property No.71/5, Najafgarh Road, New Delhi as shown in Blue, Green and Orange colours in the site plan filed along with the plaint under the defendant No.1 and seeking to restrain the defendant No.1 from dispossessing the plaintiff from the said tenancy premises forcibly and without due process of law. Mandatory injunction is also claimed against the defendant No.2 Commissioner of Police and defendant No.3 SHO, Police Station Moti Nagar, New Delhi to protect the possession of the plaintiff of the said premises.

(2.) THE counsel for the plaintiff states that when this suit was pending before the Court of the Additional District Judge, an application was filed for impleading Mr. Ashok Kumar Sardana as the defendant No.4 on the ground that he was also obstructing the possession of the plaintiff of the aforesaid tenancy premises.

(3.) THE counsel for the defendant No.1 states that the defendant No.1 is willing to give an undertaking to this Court not to dispossess the plaintiff from the aforesaid premises save by due process of law. He states that instructions in this regard have been received from Mr. Bhaskar Mukherjee, Director of the defendant No.1 Company. The counsel for the proposed defendant Mr. Ashok Kumar Sardana states that M/s Saurabh Buildcon Pvt. Ltd. of which the said Mr. Ashok Kumar Sardana is a Director, has purchased the entire property of which the suit premises are a part vide registered Sale Deed dated 31.12.2009 from the defendant No.1. The said Mr. Ashok Kumar Sardana on behalf of M/s Saurabh Buildcon Pvt. Ltd. also undertakes to this Court, not to forcibly dispossess the plaintiff from the said premises save by due process of law.