( 1 ) THE application has been filed by the appellants under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure, 1908 for filing an additional document on record for purposes of hearing the present appeal. The document in question is the Will dated 6. 4. 93 alleged to have been executed by late Shri Bakshi Shamsher Singh in favour of Mr; S. S. Sahni in respect of the first floor of property bearing No. D-1059, New Friends Colony, New Delhi. It has been stated in the application that since the appellants were not parties to the present document, they could not obtain copy of the same on an earlier date. It has been further averred that the document in question is of an unimpeachable nature and the same may be considered for purposes of hearing the present appeal.

( 2 ) IN view of the averments made in the application, we are of the view that no harm or prejudice is likely to be caused to the other party in case the application filed by the appellants is allowed. The- document is taken on record and will be considered in the appeal.

( 3 ) THIS application has been filed by the appellants under Section 151 of the code of Civil Procedure, 1908 seeking exemption from filing certified copies of documents and typed copies of annexures which form a part of the record before the learned Single Judge and are stated to have been filed for purposes of reference.

( 4 ) THE application is allowed subject to just exceptions. FAO (OS) 275/2000 :

( 5 ) THE appellants in the present appeal filed a suit against the respondents seeking decree for declaration and permanent injunction in respect of use and enjoyment of the first floor of property bearing No. D-1059, New Friends Colony, new Delhi.

( 6 ) IT has been stated in the plaint that lease agreement dated 31. 5. 1980, was executed by late Shri Bakshi Shamsher Singh in favour of appellant No. 1 Shri Akesh kumar Jain and Shri K. C. Jain at a monthly rent of Rs. 2. 300. 00per month for a period of three years with effect from 1. 6. 1980 in respect of the first floor of the property.

( 7 ) SHRI K. C. Jain passed away in December, 1984 and upon his death the tenancy rights devolved on all the appellants herein, which was recognised by the landlord. Late Shri Bakshi Shamsher Singh passed away towards the end of 1983 and defendant No. 1 being the grand-son of late Shri Bakshi Shamsher Singh from his only predeceased son succeeded as the landlord. It is also been averred that late shri Bakshi Shamsher Singh transferred the second floor of the property of the building to Shri Ajit Singh Sahni a tenant of the said floor in the year 1992. Disputes and differences arose between the appellants and respondent No. 1, in respect of the use and enjoyment of the tenanted premises as also various other services like electricity, water etc. There has also been subsequently two increases in the rent in accordance with Delhi Rent Control Act, 1958.

( 8 ) RESPONDENT No. 1 is stated to have shifted from the ground floor of the property being the house in question in and around 3/02/1996 and the possession was handed over to respondent No. 2. There has been constant disputes, thereafter, resulting in even police intervention. The appellants have further stated in the suit that since the inception of tenancy late Bakshi Shamsher Singh allowed and consented to the parking of the vehicles of the appellants in the drive-way and in fact no such objection to the user was ever raised either by late Bakshi Shamsher singh or by respondent No. 1. Drive-way is stated to be about 9 feet wide and widens to about 12 feet towards entrance gate of the building. The appellants have further claimed easementary rights to use the common drive-way passage not only for purposes of accessing their tenanted premises but also for purposes of parking their vehicles. The appellants have claimed a number of injunctive reliefs in view of their apprehension about the conduct of the respondents to create hindra