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1994 Supreme(Del) 357

MOHD.SHAMIM
MANMOHAN SERVICE STATION – Appellant
Versus
MOHAMMND HAROON JAPANWALA – Respondent


Advocates Appeared:
ARUN BHARDWAJ, D.N.Malhotra, GITA MITTAL, MUKUL ROHTAGI, P.N.LEKHI, R.K.SAINI, RAHUL SRIVASTAVA, RAJENDRA PRASAD AGRAWAL, RIMA KAIRA, S.C.SINGHA, SANAT KUMAR BISWAS, SVANTANTAR KUMAR

MOHD. SHAMIM, J.

( 1 ) THIS is an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for issue of an ad interim injunction restraining the defendants, their servents and agen s from selling, transferring, allenating, encumbering or in any manner parting with possession of the super structure and the land adjoining thereto forming part of the property bearing No. 6. Sham Nath Marg, Alipur Road, Delhi, till the final disposal of the suit.

( 2 ) THE case of the. petitioner as reflected through the pages of the plaint and the application under disposal is as under: hat the plaintiff herein is a tenant in respect of two separate portions i. e. quarter? Nos. 44 and 45 and a plot of land measuring 300 sq. yards with a tin shed in he property bearing No. 6, Sham Nath Marg, Alipur Road, Delhi, at a monthly rent of Rs. 250. 00 w. e. f. April 1, 1973. Earlier thereto the rate of rent of the above tenanted accommodation was Rs. 12112 Annas per mensem. The plaintiff has been in occupation over the said property or the las? about 45 years. The tenanted portions which are in occupation of the plaintiff have been shown by red colour in the site plan annexed with the plaint.




























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