RANBIR SINGH Vs. VIDYA SAGAR SOOD

JUDGEMENT

(1.) The present Revision Petition is directed against order dated the 2nd May, 1989, passed by the learned Additional District Judge, Delhi in MCA No. 19/84 - entitled Ranbir Singh and Others v. Vidya Sagar Sood b Others, whereby the learned Additional District Judge dismissed the appeal of the petitioners filed by them against the order dated 8th August, 1984, passed by the learned Sub Judge 1st Class, Delhi in Suit No. 304/84 entitled Ranbir Singh & Others v. Vidya Sagar Sood and Others.

(2.) The facts relevant for the disposal of the present Revision Petition, briefly stated, are that the petitioners have filed a suit for permanent injunction against the respondents in the Court of learned Civil Judge, Delhi, averring that M/s. Senior Estate Agency (petitioner No. 5), a firm of which petitioner Nos. 1 to 4 are the partners, is a tenant in respect of property, bearing No. 35/1 and 35/2, Raghunandan Singh Building, H-Block, Connaught place. New Delhi as also the terrace (as shown red in the site plan annexed to the plaint), forming part of the petitioner's tenancy. It is averred that originally one Shri Bhagat Singh was the tenant for the entire premies, consisting of two shops and the terrace above as shown red in the site plan. Subsequently M/s. Senior Estate Agency (petitioner No. 5) became the tenant of the abovesaid premises. As per the averments made in the plaint the respondents are the neighbours of the petitioners and are carrying on their business in the adjoining shops. In the plaint it is also stated that the petitioners are in possession of the tenanted premises since 1947 and have construed a kitchen, a bathroom and a store cum servant quarter on the terrace in or about 1947. It is further stated that the entrance to the terrace is from the premises of the petitioners i.e., from the residential-cum-commercial portion of Shop No. 35/1 and 35/2, Raghunandan Singh Building, H-Block, Connaught Place, New Delhi and no outsider can enter the terrace without first entering into the residential-cum-commercial portion of Shops No. 35/1 and 35/2, under the tenancy of the petitioners. It is averred that the respondents with ulterior motive and with the help of 'Goondas', are bent upon harassing and creating problem/trouble for the petitioners by threatening and trying to dispossess the petitioners from the abovesaid premises. The petitioners, therefore, filed a suit for permanent injunction against the respondents with the prayer that the respondents be restrained from dispossessing the petitioners from Shops No. 35/1 and 35/2, Raghunandan Singh Building. H-Block, Connaught Place, New Delhi and the terrace above the said shops, more particularly shown red in the site plan annexed to the plaint.

(3.) The petitioners alongwith the plaint also filed an application under Order 39 Rules I and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'). The learned trial Judge vide order dated 30th July, 1984 appointed Mr. I.S. Kharbanda, an Advocate as a local Commissioner and the local Commissioner, in compliance with the orders of the Court, visited the spot, made inquiries and thereafter submitted his report dated the 1st August, 1984. The local Commissioner has reported in his abovesaid report that the petitioners have direct approach and access to the terrace and that the respondents have no direct or indirect approach or access to the same. He has also reported that the petitioners are in possession of premises No. 35/1 and 35/2, Raghunandan Singh Building, H-Block, Connaught Place, New Delhi and are also in possession and control of kitchen, bathroom and store-cum-servant-quarter marked 'A', 'B' and 'C' on the site plan annexed to the said report and are fully in control and in possession of the terrace and the same is being used and enjoyed by them.