SURENDRA KUMAR JAIN Vs. SANTOSH KUMAR JAIN

JUDGEMENT

(1.) This or derwill govern the disposal of l.As.3951-52/97filed,by defendants 1 & 3. By filing I.A. 3951/97 defendants 1 & 3 seek to take the plea by way of preliminary objection 2A in their joint written statement as under:

(2.) Only a few facts are necessary for deciding both the said I.As.

(3.) Surindra Kumar Jain and his wife Saroj Jain filed suit, inter alia, on the allegation that being owners they are in possession of ground, first, second, third and top floors of property No. 279, Ward No. 1V, situated in Bazar Dariba Kalan, Chandni Chowk, for the last about 20 years. Defendants 1 & 3 at the instigation of defendant No. 2 started using forcibly the toilet marked X in the plan Annexure B although the key of the toilet is with the plaintiffs and electricity and water used in the toilet is metered from the electricity and water meters which stand in the name of the plaintiffs. It is further alleged that defendants 1 & 3 at the instance of defendant No. 2 tried to disturb the possession of the store situated on the second floor of the property and they also put their lock underneath the lock of the plaintiffs on the store. Key of the lock which was originally put on the store is with the plaintiffs. Defendants 1 & 3 at the instance of defendant No. 2 are further trying to dispossess the plaintiffs from the portion shown in red in the plan on the second floor of the property. It was prayed that a decree of permanent injunction may be passed against the defendants restraining them from disturbing the possession of the , plaintiffs over the suit property otherwise than in due course of law.