MANJIT SINGH Vs. ALEX C JOSEPH

JUDGEMENT

(1.) This is an application under Order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 (in short `the CPC') seeks an ad-interim order in favour of the plaintiff and against the defendant. The suit has been filed by the plaintiff for eviction of the defendant from the premises.

(2.) The crux of the averments in the application are that in view of the parking of 8 to 9 cars inside the driveway of the premises bearing No.7, Jor Bagh, New Delhi and locking the main gate by the defendant herein, who is the tenant in respect of the ground floor of the aforesaid premises, the plaintiff landlord is unable to enjoy or let out the rest of the property. The access to the first floor and the occupation thereof has become difficult, if not impossible and as per the Lease Deed dated 30th May, 2002(in short `the lease'), there was no provision for the parking of vehicles in the driveway. Accordingly a prayer was made to clear the driveway of cars parked by the defendant.

(3.) Mr. Ravi Gupta, the learned counsel, appearing for the defendant has submitted that even though the lease does not contain any provision for parking of the cars, this was not a necessary incident of the lease and in any case a letter was sent to the plaintiff on 1st October, 2002 by which the rights to park to 6o 7 vehicles were reiterated by the defendant and there was no response, leaving to a conclusion that the plaintiff/applicant had accepted the aforesaid terms indicated in the defendant's letter dated 1st October, 2002. He also says that the lease cannot be taken into account as it was not a registered lease and in fact the defendant had filed a companion suit, i.e., CS(OS) No.1720 of 2003 entitled as Alex C. Joseph Vs Manjit Singh, seeking registration of the draft Lease Deed dated 1st March, 2003(in short `the draft lease') even though the said draft lease also did not include the provision for parking of vehicles.