MOHD.SHAMIM
AKESH KUMAR JAIN – Appellant
Versus
HARMEET SINGH BAKSHI – Respondent
( 1 ) AN application by plaintiffs under Section 151 of thecode of Civil Procedure for permission to dig up a tubewell/borewell of sufficientdepth in the backyard of the suit premises at their own expense for their exclusiveuse and enjoyment. They further want through the present application to allow theplaintiffs to put their exclusive use two overhead water tanks out of the fouroverhead water tanks for their own exclusive use and enjoyment and for supplyingthe water on the first floor i. e. the tenanted accommodation in occupation of theplaintiffs.
( 2 ). A few facts for the proper appreciation of the points in controversy before thiscourt are as under: that the plaintiffs are the tenants of defendant No. 1 on the firstfloor of property bearing No. D-l 059, New Friends Colony, New Delhi since 1980 ona monthly rent of Rs. 2,530. 00. Defendant No. 1 in collusion with defendant No. 2 arebringing pressure on the plaintiffs in different ways in order to compel them tovacate the tenanted accommodation. Hence, the plaintiffs are compelled to institutethe present suit. The water supply to the tenanted accommodation in occupation ofthe plaintiffs is through a tubewell installe
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