MAHAVIR PRASAD JAIN Vs. GANGA SINGH

JUDGEMENT

(1.) Petitioner is aggrieved by the judgment/decree dated 18.1.1990, passed by the learned Sub-Judge in Suit No. 793/86, wherein a decree for possession in respect of part of premises bearing No. G-19, South Extension-1, New Delhi, was passed in favour of the respondent.

(2.) Respondent had filed a suit for possession alleging that he was a tenant in respect of a shop which was half inside the premises bearing No. G-19, South Extension-1, New Delhi and half in the Verandah. Respondent/plaintiff alleged in the suit that petitioner had attempted to dispossess the respondent on 12.7.1986, which was resisted. The respondent filed a suit for permanent injunction. An interim order was granted in favour of the respondent, yet the petitioner dispossessed the respondent from the portion of the shop, which fell inside the premises by pushing the same into the Verandah by installing a glass in the basement and the portion at the back of his shop. The respondent's shop in question was a tuck shop which was embedded in the wall with half the portion inside the petitioner's premises.

(3.) The Trial Court accepted the version of the respondent and held that respondent had been dispossessed from the property without following the due process of law. The suit under Section 6 of the Specific Relief Act was decreed holding that the shop, which was earlier half inside the petitioner's premises had been pushed totally outside in the verandah. In these circumstances, the Trial Court directed that respondent was entitled to the possession of the portion of the respondent's shop so as to bring the tuck shop half inside the premises and half in the Verandah. The possession of the portion of the shop for keeping part of the truck shop inside be delivered to the respondent after removing the obstruction, if any, including dismantling of the glass.