SUSHILA AGARWAL Vs. PARSHOTAM SARUP AGGARWAL AND ORS.

JUDGEMENT

(1.) IA No. 19978/2014

(2.) THIS is an application filed by the plaintiff under Section 151 CPC for directions to the defendants to allow the plaintiff to place her generators either in the rear service lane behind flats No. M -36 -38, ground floor of the property or on the terrace above the second floor of the flats. The plaintiff and the defendants are the descendants of late Sh. Ram Sarup Aggarwal. The suit relates to Plot No. 12, Block M, Connaught Circus, New Delhi and seeks a decree of permanent injunction in favour of the plaintiff to restrain the defendants from preventing, obstructing, hindering or interfering in the peaceful use and enjoyment of the plaintiff of the service lane indicated in the site plan and the terrace above the second floor of the suit property for any common purpose or user. The plaintiff is said to be the owner and in possession of Flat No. M -85, Connaught Circus, New Delhi which is located on the first floor and from where the plaintiff is stated to be running a hotel. It is stated that in order to provide constant supply of electricity to the hotel, the plaintiff has to necessarily deploy a generator to meet the eventualities of power cut. It is further stated that the generator was originally placed in the rear service lane of the ground floor of the property but was displaced from there. The plaintiff was constrained to take on rent a place on the terrace of the adjoining property in order to place the generator.

(3.) LEARNED counsel appearing for the defendants have strongly opposed the present application. It is urged that these submissions and contentions of the plaintiff are misplaced and have been already fully agitated and dealt with by this court in its order dated 14.02.2014 where this court had declined permission to the plaintiff to install her generator as sought and have taken an undertaking from the defendants to compensate the plaintiff for the rentals being paid by the plaintiff to the owner of the adjoining property for installing generator.