VINIT KHERA Vs. SEWA SINGH

JUDGEMENT

(1.) The Plaintiff is in revision aggrieved against the order passed by the learned first Appellate Court on 20.10.2007, whereby an application for ad interim injunction for restraining the Defendant-Respondent from interfering in any manner in the construction work to be raised on first and second floor of House No. 1043, Sector 37-B, Chandigarh, was dismissed in appeal.

(2.) The present Petitioner filed a suit for permanent injunction alongwith an application for ad interim injunction claiming herself to be the owner and landlord of the suit property. The Petitioner has alleged that the Respondent is a tenant on the ground floor except 'stair-case' at a monthly rent of Rs. 3500/- per month and that she wants to raise construction on the first and second floor of her house. It has been further pleaded that on 09.09.2007, she has kept some building material on the roof of ground floor and started construction work, but the Defendant interfered in the same. The police was called and the work was stopped. Therefore, she sought the injunction.

(3.) In the written statement, the Defendant denied the fact that the Plaintiff is owner and landlady of the house. In fact, it was asserted that Tejinder Singh son of Rattan Singh is the owner and that he is his tenant. The Defendant, inter alia, pleaded to the following effect: