(1.) IANo. 9617/95 is under Order 3 9 Rules 1 and 2 for injunction filed by the plaintiff.IANo.9844/ 95 is under Order 39 Rules 1, 2 and 4 and order 47 Rule 1 read with Section 151 Civil Procedure Code for vacation/ review of order dated 12.10.1995 and restoration of status quo. There is another IANo. 9961/95 under Order 1 Rule 10 Civil Procedure Code filed by the third party for impleading as a party.
(2.) The case of the plaintiff shortly stated is as follows:
(3.) The Defendant in or about December 1994 represented that a portion of the property in premises No. 64, Scindia House, Connaught Place, New Delhi, is available for leasing out to the laintiff. The area of the portion is about 1050 sq. ft. The defendant represented that by virtue of the decree in Suit No. 46/85 dated 26.08.1986 on the file of the Sub Judge, First Class, Shri Rakesh Kapoor, the defendant became entitled to lease out of the premises, he also represented that he had not been successful in any business activities he started and therefore, he would like to put the plaintiff in possession of the property for carrying out its business and he would be satisfied with the income from the property is money paid by the plaintiff by way of rent The negotiations culminated in a contract in and by which the plaintiff agreed to pay Rs. 3000.00 as cash deposit. Rs. 1,00,000.00 as goodwill and Rs. 9,000.00 towards three months advance rent and the possession was taken by the plaintiff on 1st January, 1995. The plaintiff spent a lot of money by making lot of improvement in the property for which they have filed number of documents.