VIJAY PRAKASH GUPTA Vs. J.N. PRASAD

JUDGEMENT

(1.) This is a regular second appeal filed by the appellant against the judgment dated 18.8.2007 dismissing RCA No.21/2005 titled Sh.Vijay Prakash Gupta (deceased) Thr. LRs Vs. Sh.J.N.Prasad (deceased) Thr. LRs.

(2.) Briefly stated the facts of the case are that the respondent/J.N.Prasad (since deceased) had filed a suit for permanent and mandatory injunction against the appellant(since deceased) and against the respondent nos. 6 and 7 in respect of a godown situated at the back side of shop No.3356-7, Hauz Quazi, opposite Police Station no.2, Delhi-06 and the staircase leading towards the said godown. It was alleged in the plaint that originally M/s Ram Richpal Mal Ghasi Ram were the tenants in the suit premises. The respondent had filed an eviction petition u/S 14(1)(b) of the Delhi Rent Control Act against the said tenants.

(3.) The aforesaid suit was contested by the appellant and the respondent nos.6 and 7, however, after filing an application under Order 12 Rule 6, CPC and hearing arguments, the trial court passed a decree in favour of the respondent no.1, stating that the appellant and the respondent nos. 6 and 7 shall remove their goods from the tenanted godown in order to facilitate the respondent no.1 to raise the said construction in the said godown and in case the appellant finds any illegal construction, he can approach to the authorities.