M.K.CHAWLA
Suresh Kumar – Appellant
Versus
Vijay Kumar – Respondent
JUDEMENT
M.K. Chawla, J. - In order to dispose of the present revision petition, this court is not required to go into the disputed questions of fact, The bone of contention between the parties is the tenancy rights of shop no. 51 AF, Kolhapur Road, Kamla Nagar, Delhi. Suresh Kumar Kohli claims himself to be the tenant of the disputed premises since 8.12.78. Inder Sain Kohli, the father of the petitioner asserts his rights of tenancy in the said shop. He is supported by his sons Vijay Kumar and Ashok Kumar.
2. As the dispute could not be resolved amicably, Inder Sain Kohli filed a Suit in the court of the Senior Sub-Judge for permanent injunction against the petitioner and another on or about 30.4.83. Along with the said Suit, the plaintiff also moved an application under Order XXXIX Rules 1 and 2 CPC, praying for the grant of ex-parte ad interim injunction restraining the petitioner and another from interfering in the peaceful possession of the shop. The ex parte ad interim injunction was granted by the lower court. It was, however, later on vacated by Smt, Kamlesh Sabharwal, S.U.C. Delhi, on 14th May, 1986 Shri Inder Sain, however, immediately moved the Sr. Sub-Judge and was able
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