RAJESHWAR NATH GUPTA Vs. ADMINISTRATOR GENERAL

JUDGEMENT

(1.) This order will dispose of the application filed by the plaintiff under Order 40 Rul I for appointment of a Receiver and under Order 39 Rules I and 2 for the issue of an injunction against the defendants.

(2.) Briefly stated, the facts as alleged by the plaintiff, and which are not disputed by the defendants, are that the plaintiff is the owner of Block No. A, Connaught Place, New Delhi known as Kashi House.

(3.) On the ground floor of the said building there is a shop. No. A-3. The said shop measures 1830 sq. ft. on the ground floor and has a mezzanine floor measuring about 330 sq. ft. Besides that, there is an open compound measuring about 250 sq. ft. According to the plaintiff, on 15th September. 1936 the said shop was let out by the predecessor-in-interest of .the plaintiff, namely, his father to Mrs. F. Lawrence Enid. It is not necessary to give any Further details with regard to the tenancy of the shop in favour of Mrs. Enid except to notice that it is an accepted position of all the parties to the suit that Mrs. Enid was the sole-tenant of the aforesaid shop till she died on 23rd March. 1988.