SMT. VED KUMARI SURI Vs. MRS. ASHA MEHTA

JUDGEMENT

(1.) There is no appearance on behalf of the defendant. Consequently she is being proceeded ex parte.

(2.) The plaintiff Shrimati Ved Kumari Suri has filed this suit against the tenant Shrimati Asha Mehta for permanent injunction restraining the defendant from using the premises for commercial purposes. The plaintiff is the owner of house described as D-45, N.D.S.E. Part-11, New Delhi. The house comprises of three bed rooms with attached bath rooms study room. Drawing-cum-dinning room, garage, front verandah and a lawn. The plaintiff let out the above described premises to the defendant on 29th March, 1978. A lease deed was executed which provided that the premises shall be used only for the purpose of residence and shall not be used for commercial purpose. The plaintiff has alleged that in contravention of the terms contained in the lease deed the defendant has started using the premises for commercial purpose since middle of April, 1978. The case of the plaintiff further is that Municipal Corporation has served upon her notices annexed 'B' and 'C' for stopping the mis-user of the premises.

(3.) The defendant denied the allegations of the plaintiff and alleged that the premises were taken for residence-cum-commercial purposes.