( 1 ) THE plaintiff has filed the suit for injunction simplicitor. Pending the suit, in the application I. A. 4451/93, he has prayed for injunction. He claims tenancy with reference to the basement and ground floor in premises No. 18-A, New Colony, (Jhabu Mal Colony), Behind Filmistan Cinema, New Delhi on a rent of Rs. 750. 00 per month from the mother of the plaintiff Mrs. Pushpa Wanti He also claims tenancy with reference to basement, first floor, 2nd floor, terrace portion and open space (rear at back on the ground floor) of an extent of 45 x 12 on a monthly rent of Rs. 2,700. 00 from Smt. Pushpa Wanti. The case of the plaintiff could be tersely stated in the following terms.

( 2 ) THE plaintiff s father was Manohar Lal, mother was Smt. Pushpa Wanti. They had four sons and one daughter. Benarsi Lal, Om Parkash (plaintiff), Brij Bhushan (first defendant), Surinder and Usha Rani (second defendant ). Surinder is no more. His widow is Veena Makkar. During his lifetime, late Manohar Lal executed a Will on 4. 4. 1972 with reference to the premises bearing No. 18-A giving life interest to Smt. Pushpa Wanti and vested remained in his four sons Banarsi Lal, Surinder Kumar, Brij Bhushan and Om Parkash in equal shares. Premises bearing No. 19, New Colony belonged absolutely to Smt. Pushpa Wanti by virtue of sale deed dated 26. 2. 1979. The specific pleading in regard to tenancy of portions in premises No. 18a, New Colony in paragraph 4 it is stated:-

"that on 20. 11. 1992 Smt. Pushpa Wanti let out the basement and the ground floor of the property No. 18a, New Colony (Jhabu Mal Colony), Behind Filmistan Cinema, New Delhi to the plaintiff at a monthly rental of Rs. 750. 00 for commercial purposes. Although the agreement is dated 20. 11. 92 but the plaintiff got possession of the premises on the 25. 11. 1992 when the rent was first paid against receipt. The said payment was made by crossed cheque to Smt. Pushpa. In fact the rent upto June, 1993 stands paid to her. After the first payment of Rs. 750. 00 against receipt the subsequent payment of rent has been made by crossed cheque to her. "

( 3 ) WITH reference to premises No. 19, the pleading by the plaintiff is :-

"that on the same day, Smt. Pushpa Wanti also let out the basement,first floor and the second floor and terrace and the open space 45 ft x 12 ft on the ground floor (rear set back) of the property No. 19, New Colony (Jhabhu Mal Colony), Model Basti, New Delhi-110005 at a rental of Rs. 2700. 00 p. m. The tenancy agreement dt. 20. 11. 1992 was executed by Smt. Pushpa Wanti in favour of the plaintiff. The plaintiff was given the possession of the premises on the 25. 11. 1992 when he paid the rent from 25. 11. 1992. This payment was made by crossed cheque to her. The rent upto June, 1993 in respect of the premises No. 19, New Colony (Jhabhu Mal Colony) Model Basti, New Delhi-110005 stands paid to the Smt. Pushpa Wanti by crossed cheques. "3. According to the plaintiff, disputes had arisen between plaintiff and defendants 1 and 2. The defendants tried to interfere the possession and enjoyment of the plaintiff as tenant and, therefore, he had to file the suit for injunction. The plaint was presented on 30. 4. 1993. In the cause of action paragraph, it is stated:-

"that the cause of action arose in favour of the plaintiff and against the defendants when the defendants about two days back refused to see reasons, and threatened to dispossess the plaintiff from the suit premises both from 18a and 19, New Colony (Jhabhu Mal Colony), Model Basti, New Delhi-110005 as shown in the plan annexed. "4. Defendants 1 and 2 filed their written statement on 27. 7. 1993. The gist of the case put forth by the defendants 1 and 2 is:

( 4 ) LATE Manohar Lal, the father had only 1/5th share in premises No. 18a and the Will was only in respect of his 1/5th share. The rest of the 4/5th share belonged to the four sons. Therefore, the claim of the plaintiff that father had absolute interest i