RAJIV GOYAL Vs. PRAKASH WATI KOHLI

JUDGEMENT

(1.) By this order, I would be disposing of IA.9924/94 moved by the defendant for rejection of the plaint under Order VII Rule II of the Code of Civil Procedure.

(2.) Before dealing with the grounds on which the rejection of the plaint is sought, it would be pertinent to notice the averments in the plaint.

(3.) Plaintiff Shri Rajiv Goyal son of Late Shri B.B. Goyal, has filed the present suit for mandatory and perpetual injunction. The plaintiffs father, late Shri B.B, Goyal, was in occupation and possession of l/4th of the shop premises bearing No.M-20, Greater Kailash Main Market, Part-1, New Delhi under the defendant at a monthly rent of Rs.230.00 . It is averred in the plaint that under an arrangement with the defendant part of the shop that had been rented out to the plaintiffs father Shri B.B. Goyal, was rented to another tenant resulting in reduction of rent to Rs.50.00 per month. The plaintiff claims to have succeeded to the tenancy rights in respect of the shop and claims to be in continuous use and enjoyment of the tenanted premises.