HAR KISHAN LAL Vs. JAIN TEXTILES TRADERS

JUDGEMENT

(1.) This Civil Revision pertains to an interim order made by the learned Sub Judge by which he had negatived the plea of the petitioners/ defendants that the suit was not maintainable in view of the provisions of Section 91 of the Code of Civil Procedure and Section 478 of The Delhi Municipal Corporation Act.

(2.) The suit was brought by the respondent/plaintiff pleading that the plaintiff is having his business at first floor of premises No. 336/3, Naya Katra, Chandni Chowk, Delhi and the plaintiff is selling the cloth in wholesale and large number of traders and customers visit his shop on the first floor and the petitioners/ defendants 1 & 2 are having business premises again on the first floor and they are dealing in wholesale business of selling 'Dupattas'. There exists a big courtyard on the first floor and besides the two shops, there are other shops also located on the said first floor. The customers and the shopkeepers had to go through a long passage on the ground floor and then had to climb up the stair to reach the first floor and the big common courtyard in front of the said shops on the first floor is meant for common use of the shopkeepers as well as the customers.

(3.) The petitioners are stated to have, on or about September 20, 1977, erected two big steel racks in front of the shop of the plaintiff/respondent. Those racks are of 10 ft. height and they have been fixed upto the roof and the said racks have obstructed the passage of the plaintiff and had deprived the plaintiff and his customers the use of the portion of the common courtyard and the said racks have also obstructed the light and air of the shop of the plaintiff which has become quite dark. Thus, the plaintiff sought relief of mandatory injunction requiring the petitioners and the municipal corporation to remove the said illegal construction of the steel racks in front of the shop of the plaintiff and had also sought relief of permanent injunction restraining the petitioners from placing any boxes, cartons or constructing any further racks in the said courtyard, particularly in front of the shop of the plaintiff.