KEWAL RAM SHANDIL & ANOTHER Vs. ONKAR THAKUR

JUDGEMENT

(1.) Cmpmo No.4/2018

(2.) Plaintiff-Respondent Onkar Thakur (hereinafter referred to as the plaintiff) filed a suit for permanent prohibitory injunction against defendant Kewal Ram Shandil and his wife Smt. Maina Shandil, praying that the defendants be restrained from interfering with the plaintiff's possession over the property comprising of two rooms bearing No.3 & 4, one kitchen, one bath and a toilet (common) on the first floor of doubled storeyed house, commonly known as 'Onkar Cottage' near Kamla Nehru Hospital, Shimla. Also, a prayer has been made to restrain the defendants from disconnecting the water supply, electricity supply and creating obstruction in the use of toilet.

(3.) Plaintiff is a tenant in the premises. On the other hand, the defendants claim to have purchased the property from Shri Vinod Mangoo, vide Sale Deed dated 6.8.2016. However, the plaintiff has placed on record an affidavit of the vendor, alleging fraud played by the defendants, in including the rooms in question, as also the common toilet, as part of the sale transaction.