RAM RAKHA AGGARWAL Vs. BANWARI LAL

JUDGEMENT

(1.) The case had been on Board last month as wellas in this week, but no one appeared on behalf of the respondent to assistthe Court in deciding this case. Mr. Seth informs that he had contactedSh. K.K. Sharma, Advocate, whose power of attorney appears on the recordof this case, twice in this week, but he has told him that he was notappearing in this case.

(2.) This second appeal is directed against the judgment dated 16/03/1974 of Senior Sub-Judge, Delhi, by which had allowed the appeal andhad granted mandatory injunction requring the appellant to demolish theroom existing on the second floor of the property in question and had alsogranted perpetual injunction restraining the appellant from making anypermanent construction in the property in question a.nd had left the partiesto bear their own cost.

(3.) Facts of the case, in brief, are that the property bearing MunicipalNo. 3591-3594, Chawri Bazar, Delhi, is owned by the respondent andinitially in the year 1956 he had let out the ground floor which comprisesof a shop at a rental of Rs. 34.37 paise to the appellant and later on in theyear 1959 had let out the first floor and the second floor of the sameproperty to the appellant at a rental of Rs. 45.88 paisa. The respondent/plaintiff had brought a suit seeking mandatory injunction, requiring theappellant/defendant to remove the illegal construction made by him, shownin red colour in the plan attatched with the plaint, so that the building isbrought to its original position when it was let out and also soughtperpetual injunction restraining the appellant/defendant from making anyaddition, alteration or variation in the super structure in any manner.