OM PRAKASH Vs. BRIJ BHUSHAN

JUDGEMENT

(1.) The plaintiff has filed the suit for injunction simplicitor. Pending the suit, in the application I.A.4451/93, he has prayed for injunction. He claims tenancy with reference to the basement and ground floor in premises No. 18-A, New Colony, (Jhabu Mal Colony), Behind Filmistan Cinema, New Delhi on a rent of Rs. 750.00 per month from the mother of the plaintiff Mrs. Pushpa Wanti He also claims tenancy with reference to basement, first floor, 2nd floor, terrace portion and open space (rear at back on the ground floor) of an extent of 45' x 12' on a monthly rent of Rs.2,700.00 from Smt. Pushpa Wanti. The case of the plaintiff could be tersely stated in the following terms.

(2.) The plaintiff's father was Manohar Lal, mother was Smt. Pushpa Wanti. They had four sons and one daughter. Benarsi Lal, Om Parkash (plaintiff), Brij Bhushan (first defendant), Surinder and Usha Rani (second defendant). Surinder is no more. His widow is Veena Makkar. During his lifetime, late Manohar Lal executed a Will on 4.4.1972 with reference to the premises bearing No. 18-A giving life interest to Smt.Pushpa Wanti and vested remained in his four sons Banarsi Lal, Surinder Kumar, Brij Bhushan and Om Parkash in equal shares. Premises bearing No. 19, New Colony belonged absolutely to Smt. Pushpa Wanti by virtue of sale deed dated 26.2.1979. The specific pleading in regard to tenancy of portions in premises No. 18A, New Colony in paragraph 4 it is stated:-

(3.) With reference to premises No. 19, the pleading by the plaintiff is :-