KANWAL SAWHNEY Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) The prayer in CM 1145/97 is for restoration of Civil Revision No. 890/81 which was dismissed in default on 22nd August, 1996. The prayerinCMNo.ll45-A/97 is for condonation of delay in filing the application for restoration. The applicant was not the petitioner in the revision petition which was dismissed in default. He claims to be a Manager, Passenger Sales M/s. Deli Express Travels Private Limited, tenant of L-22, Connaught Circus, New Delhi. The respondent. New Delhi Municipal Committee (hereinafter referred to as 'the NDMC') has filed reply to both the applications.

(2.) The arguments of the learned Counsel for the applicant and the learned Counsel for the respondent were heard.

(3.) Civil Revision No. 890/81 was filed by one Shri Kanwal Sawhney son of Shri C.P. Shawney, sole proprietor M/s. Chaman Lal C.P. Shawney, 22-L, Connaught Circus, New Delhi. Shri Kanwal Sawhney was the tenant of the shop premises bearing No. L-22, Connaught Circus, New Delhi. In order to provide airconditioning in the premises, the tenant fixed a false ceiling supported by five girders fixed across the width of the hall. The air-conditioning ducts were also supported by the said five girders. The owner of the premises was 'M/s. Seth Properties'. It was alleged that on 27th December, 1979 officials of the NDMC visited the premises and threatened to pull down the structures on the ground that they were unauthorised constructions. Hence, Shri Kanwal Sawhney filed Suit No. 12/80 for permanent injunction against the NDMC restraining them from demolishing the alleged unauthorised construction. He also filed an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure for interim injunction. After hearing the plaintiff and the defendant, the Trial Court dismissed the application for injunction on 29th January, 1981 holding that the plaintiff had carried out unauthorised construction which was not permissible as per the Punjab Municipal Act and that the defendant had served notice for demolition on the owner M/s. Seth Properties and on the plaintiff. Against the order dated 29th January, 1981 the plaintiff filed MCA No. 49/81 and that was dismissed on 7th September, 1981. Thereupon Shri Kanwal Sawhney filed Civil Revision No. 890/ 81. The revision petition was admitted on 15th September, 1981 and by an interim order the NDMC was restrained from demolishing the structure in question. Ultimately on22nd August, 1996 the revision petition was dismissed in defaultand non-prosecution and the interim orders were also vacated with direction to send back the Trial Court records forthwith. Thereafter the applicant has filed the present applications on 16th January, 1997.