PARMANAND JHA Vs. SANATAN DHARAM SABHA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 17.5.1997, passed by the Senior Civil Judge in MCA.197/90, dismissing the appeal filed by the petitioner against the order dated 11.5.1990, passed by Shri H.S. Sharma, Sub-Judge, Ist Class, Delhi, dismissing the application of the petitioner under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure.

(2.) Petitioner had filed a suit for permanent injunction wherein he moved an application under Order XXXIX Rules 1 & 2, CPC, for restraining the respondent Sanatan Dharam Sabha from dispossessing him without the due process of law. Plaintiff claims to be a tenant in possessing of a room at the Radha Krishna Mandir, Shahid Capt.Gaur Marg, East of Kailash, New Delhi, on a monthly rental of Rs. 300.00 , including water and electricity charges. He claims to have been using common a latrine and bathroom.

(3.) The case of the petitioner is that he has been functioning as the head priest of the temple and had also been employed as Clerk-cum-caretaker by the respondent Sabha at the temple. A sum of Rs. 800.00 per month was paid to the petitioner while the respondent got a receipt signed only for Rs. 100/. It is claimed that his salary in the year 1975 was Rs. 300.00 per month and rent of Rs. 200.00 was deducted from January 1988. Prior to 1988, Rs. 50.00 were deducted for the old room. Petitioner claims that he had asked for an increase in the salary as a result of which the respondent asked him to vacate the premises.