AMIT KATYAL AND ORS. Vs. HARSH GUPTA

JUDGEMENT

(1.) THESE two second appeals arise out of the two identical judgments rendered by the learned First Appellate Court, namely the Additional District Judge - 12, Central District, Tis Hazari Courts, Delhi in RCA No. 30/2013 titled Amit Katyal Vs. Harsh Gupta and RCA No. 31/2013 titled Om Prakash Vs. Harsh Gupta. By the impugned judgments, the said two appeals have been dismissed and the judgments and decrees passed by the learned Civil Judge in Suit No. 243/2010 titled Harsh Gupta Vs. Amit Katyal & Others and Suit No. 233/2010 titled Harsh Gupta Vs. Om Prakash & Others, have been affirmed.

(2.) THE respondent/ plaintiff Sh. Harsh Gupta had preferred the said two suits against the two appellants herein to seek reliefs of declaration, mandatory injunction and permanent injunction, thereby seeking a declaration to the effect that the subject matter of the tenancy between the plaintiff and the respective defendant/ appellant had ceased to exist subsequent to the demolition drive, which has been carried out subsequent to and in compliance with the directions of the MCD, and to seek further directions/ injunction against the respective appellant/ defendant not to use, occupy or squat on the area admeasuring 6 inches - between the wall of the property of the plaintiff, and the shutter illegally and wrongfully affixed by the appellant/ defendant, which was alleged by the appellant/ defendant to be shop bearing No. 1142, Pahar Ganj, New Delhi (in Suit No. 234/2010 titled Harsh Gupta Vs. Amit Katyal & Others) and No. 1141, Pahar Ganj, New Delhi (in Suit No. 233/2010 titled Harsh Gupta Vs. Om Prakash & Others). The plaintiff also sought a further direction that the defendants/ appellants should remove the shutters from the front of the wall of the plaintiff.

(3.) AT this stage, I may take note of some of the relevant averments made in paragraphs 3, 4 & 5 by the respondent/ plaintiff in the case of Sh. Amit Katyal. Identical averments were made in the case of Sh. Om Prakash. The same read as follows: