MONA DEVI Vs. NEW DELHI MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against the judgment dated 28.5.2014 passed by the learned Additional District Judge in R.C.A. No.39/2014 titled Mona Devi vs. NDMC upholding the judgment and decree dated 2.2.2012 passed by the learned Civil Judge, West Delhi.

(2.) BEFORE dealing with the submissions made by the learned counsel for the appellant and which are stated to be constituting substantial question of law, it may be pertinent here to give brief background of the case.

(3.) THE present appellant filed a suit bearing No.273/07 in the year 2007 against NDMC alleging that she has a license granted by the respondent for the purpose of selling fruits by way of hawking in NDMC area near Bank of Baroda Building, Parliament Street, Janpath, Connaught Place, New Delhi. It was alleged by her that she could not go to the Azardpur market for the purpose of purchasing fruits on account of her old age and disability and, therefore, vide her letter dated 25.10.2005, she had requested the respondent to allow her to change her business from selling uncut fruits to readymade small garments like, handkerchiefs, socks, undergarments and T -shirts, etc. The prayer in the suit was that the respondent and their agents, servants, legal heirs, etc. be restrained from creating any hindrance in carrying on the business of the appellant from selling the aforesaid garments.