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1992 Supreme(Del) 188

D.K.JAIN
HEM CHAND – Appellant
Versus
ANIL KUMAR – Respondent


Advocates Appeared:
ARUN AGRAWAL, J.K.SETH, SHALINI KAPUR, Y.K.Jain

D. K. Jain, J.

( 1 ) THIS revision petition is directed against the appellate order dated 15 November 1990 of the Id. Addl. Senior Sub Judge, Delhi, made in M. C. A. No. 31 of 1990, allowing the appeal against the order dated 6 April 1987 of a Id. Sub Judge and setting aside the latter s order, made in Suit No. 473 of 1986 on application under Order 39 Rule 1 and 2 of the Code of Civil Procedure (for short the Code), directing to maintain status quo till the decision of the suit.

( 2 ) PLAINTIFF, Hem Chand, claiming to be in possession of half portion of ground floor of premises bearing No. 1053, Lal Kuan, Delhi for 23 years doing business in the name and style of M/s Lal Kuan Coal Co. , without let or hindrance by the two defendants. Anil and Sunil Kumar or anyone else or paying any rent, filed the suit for permant injunction restraining the defendants from dispossesng the plaintiff or interfering in his peaceful possession of the portion shown red in the plan annexed with the plaint. An application under Order 39 Rule 1 and 2 of the Code was also filed along with it for interim orders.

( 3 ) THE suit was resisted on diverse pleas, inter alia, denying plaintiffs possession, statin















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