RAJENDER JAIN Vs. PARVEEN KUMAR

JUDGEMENT

(1.) This appeal is directed against the order dated 22nd May, 2007 passed by the learned Single Judge whereby the application bearing IA No.6053/2007 filed by the appellant-plaintiff under Order 39 Rules 1 and 2 of the CPC was dismissed. The aforesaid application was filed by the appellant-plaintiff seeking direction that defendant no.1-respondent be directed to maintain the status quo and to keep the corpus of the suit property intact and not to raise any fresh construction, carry out addition/alteration thereupon.

(2.) In this connection, our attention is drawn to the order of the learned Single Judge passed on 23.3.2004 disposing of IA Nos.1892/2004 and 4677/2005. By the said order, the injunction order dated 23.3.2004 passed in the suit was vacated and defendant no.1 was held to be entitled to take possession of the premises from defendant Nos.3,7 and 10. The defendant no.1 was also permitted to let out the property or portion thereof with a further direction that he would give account of the rents realized. However, the defendant no.1 was restrained from selling, mortgaging or creating third party interest in the property.

(3.) Subsequently, application IA No.6053/2007 was filed by the appellant contending inter alia that the defendant no.1 is trying to change the nature of corpus of the suit property by making modification, additions and alterations. The aforesaid contention was considered by the learned Single Judge in the light of the documents available on record and the earlier order dated 20.3.2007. The learned Single Judge felt that the appellant was yet to establish any right in the property. He also referred to the orders passed in the rent control proceedings. It was held by the learned Single Judge that there should be no prohibition on the defendant No.1's right to use of the property.