KASHMERE GATE TAXI STAND OPERATORS AND DRIVERS ASSOCIATION (REGD) Vs. YOUNG BLOOD ASSOCIATION AND OTHERS

JUDGEMENT

(1.) This revision under Sec. 115 of the Code of Civil Procedure (hereinafter referred to as the Code) is directed against the judgment and order dated 8th June, 1984 of the Sub-ordinate Judge, 1st Class, Delhi dismissing the petitioners application under Order 1 rule 10 of the Code.

(2.) Briefly these are the facts. Kashmere Gate Taxi Stand Operators and Drivers Association, petitioner is an association of taxi drivers and operators dealing in public transport and taxis, registered under the Societies Registration Act. The petitioner carries on business of taxis opposite Bata Shoe Co. Show Room, Kashmere Gate, Delhi. The defendant Municipal Corporation of Delhi, it appears, granted permission to the petitioner to place a Takht at the site. Gurmail Singh, it appears, also used to operate his taxi at the said taxi stand. But after formation of the petitioner-society Gurmail Singh formed an Association under the name and style of Young Blood Association He occupied land adjacent to the space allotted to the petitioner at Kashmere Gate Taxi Stand. The petitioner alleges that the occupation by Gurmail Singh was unauthorised which causes problems to the public at large. It appears that the Young Blood Association, respondent No. 1 applied for placing a telephone booth at the taxi stand at Kashn ere Gate and the Corporation rejected its request on 14th March, 1983. It appears that the Commissioner of Police also rejected on 6/7th April, 1983 the request of the respondent No. 1 for placing a Khokha. In spite of this respondent No. 1 is alleged to have placed a wooden Khokha on or about 5th Sept., 1983 adjoining the site where the petitioner has a taxi stand. On 8th Sept., 1983 the petitioner filed a suit for permanent injunction against Young Blood Association, respondent No. 1. Delhi Telephones and Union of India, respondents 2 and 3 for a permanent injunction restraining the Telephone Department from providing a telephone and restraining respondent No. 1 from obtaining the telephone connection at the site adjacent to the site in occupation of the petitioner, it appears that after the filing of the suit Young Blood Association, respondent No. 1 on or about 14th Sept., 1983 obtained a telephone connection allegedly in collusion with Telephone Department and got the same installed adjacent to the site of the petitioner.

(3.) On 30th Sept., 1983 the plaintiff-respondent No. 1 filed the present suit for permanent injunction against Delhi Telephones and Union of India restraining them from disconnecting its Telephone No' 234081, installed at Kashmere Gate Taxi Stand alleging that the telephone was installed on 14th Sept., 1983 and the petitioner without any right requested the Delhi Telephones to disconnect the said telephone, that on or about 29th Sept., 1983 officials of the Telephone Department threatened to disconnect the telephone.