DURGA DASS Vs. SHARDA DEVI AND ORS.

JUDGEMENT

(1.) RESPONDENT Sharda Devi filed a suit against General Manager, AIR Cell Dishnet Wireless Limited and the present appellant and two other persons, namely Shankar Dass and Dayal Ram, seeking issuance of permanent prohibitory injunction, restraining General Manager, AIR Cell Dishnet, from erecting any tower on the suit land, which she claimed to be jointly owned and possessed by her with the present appellant and two other defendants, named above.

(2.) IT was pleaded that General Manager, AIR Cell Dishnet Wireless Limited, had started taking steps for erection of a tower on the suit land, after obtaining consent from the appellant and other defendants, namely Shankar Dass and Dayal Ram, but she also being a joint owner her consent was also required for erecting tower.

(3.) IT appears that in terms of the aforesaid compromise, suit was not withdrawn. The suit was decided by the trial Court, vide judgment dated 20.6.2008. Suit was dismissed. It was held that plaintiff could claim rent @ Rs. 800/ - per month only after partition of the suit land, as the compromise stated that she would be paid rent @ Rs. 800/ - per month, "subject to partition".