KRISHAN LAL Vs. HANUMAN

JUDGEMENT

(1.) The petitioner through the present revision petition has assailed the legality and the validity of the judgment and order dated March 20,1991 passed by Ms. Ravinder Kaur, Sub Judge 1st Class, Delhi, whereby she decreed the suit of the plaintiff/respondent under Section 6 of the Specific Relief Act against the defendant/petitioner for recovery of possession over a shop situated in premises bearing No. 1-67, West Patel Nagar, New Delhi, shown by red colour in the site plan Ex.PW1/1.

(2.) Brief facts which led to the present revision petition are as under that the respondent/plaintiff ( hereinafter referred to as the respondent) herein was a tenant of a shop forming part of property bearing No. I-67, West Patel Nagar, New Delhi, whereof the petitioner/ defendant hereinafter referred to as the petitioner for the sake of brevity) is a landlord on a monthly rent of Rs. 200.00 . The petitioner during the intervening night of 5th/ 6th April,1987 alongwith his associates forcibly took possession over the said shop by breaking open the locks and removed the goods of the respondent worth Rs. 25,000.00 . The petitioner thus dispossessed the respondent forcibly, without due process of law. The respondent lodged the report with the police, but to no avail. Hence, arose the necessity for the institution of the suit for recovery of possession under Section 6 of the Specifs. Relief Act

(3.) The petitioner in his written statement denied all the abovesaid allegations. The defence as set up by the respondent is that the respondent entered into an agreement with one Kashmiri Lal and handed over the possession of the said shop to him. It was the said Kashmiri Lal who vacated the said shop out of his own free will on April 5,1987 and handed over the vacant possession of the said shop to the petitioner.