VANDANA SEHGAL Vs. STATE

JUDGEMENT

(1.) THIS is an application moved by the petitioner under Section 151 CPC read with the provisions of Order 39 Rule 1 and 2 CPC with a prayer to restrain the respondent Nos. 2 and 3 from letting out and/or parting with the possession of any portion of the property bearing No. D-9/9, Vasant Vihar, new Delhi without the leave/permission of this Court. Learned counsel for respondent Nos. 2 and 3 does not intend to file any reply to the application and wants to argue the matter.

(2.) LEARNED counsel for the petitioner has submitted that vide order dated 09. 10. 2006 passed by this Court, the parties were directed to maintain status quo in respect of suit property bearing No. D-9/9, Vasant Vihar, New delhi and despite the orders of status quo by this Court, the respondent Nos. 2 and 3 had let out a portion of the said property to the third party and therefore they are bent on violating the said order and are going ahead to let out the portion of the said property to the third party. He further prays that the respondents be restrained from letting out any portion of the property to any tenants.

(3.) ON the other hand, learned counsel for the respondents has submitted that when the order of status quo was passed by this Court, i. e. 09. 1. 2006, on the said date the property was already let out to the tenants and thereafter the property was vacated by the tenants and the respondents bona fidely believed that there would be no violation of status quo order if the said property was given on rent again upon the same terms and conditions and under that bona fide belief they again let out the property vide Lease Agreement dated 03. 1. 2007. He has further submitted that the mother of the respondents who is living with them is to be looked after by them and for that purpose, the property has to be let out to the tenants. It is prayed on behalf of the respondents that they may be permitted to let out a portion of the property in question to the tenants.