RAJESH GUPTA Vs. AJIT PRASAD JAIN

JUDGEMENT

(1.) This appeal by Rajesh Gupta, appellant-plaintiff, is directed against the order passed by learned Single Judge on August 9,1996 disposing of two applications, one under Order XXXIX Rules 1 & 2, Civil Procedure Code (I.A. 3013/96) and the other under Order XXXIX Rule 4, Civil Procedure Code (I.A. No. 3339/96).

(2.) Facts giving rise to this appeal lie in a narrow compass. Appellant has filed a suit seeking a decree for permanent injunction against Ajit Prasad Jain and the Commissioner, Municipal Corporation of Delhi, respondents-defendants, inter alia, on the allegations that he is a tenant in respect of shop Nos. 2 & 3 forming part of property No. F-14/17, Model Town-11, Delhi, under respondent No. 1. Respondent No. 1, who started illegal construction on the rear portion of the said property, is now trying to raise construction on the roof of said shop Nos. 2 & 3 without getting building plan sanctioned from respondent No. 2 and obtaining consent from the appellant. Both the tenanted shops are without foundation and have very thin walls and 'I' beams to support and they cannot bear the load if construction is made by respondent No. 1 on the roof thereof.

(3.) I.A. No. 3013/96 under Order XXXIX Rules 1 & 2 read with Section 151 Civil Procedure Code was filed in the suit by the appellant for issue of ad interim injunction restraining respondent No. 1 or any body acting- through him or on his behalf from making construction on the roof of tenanted shop Nos. 2 & 3. On this application an ex-parte ad interim injunction was granted on March 26,1996 restraining respondent No. 1 from raising any structure on the roof of shop Nos. 2 & 3.