( 1 ) THIS is an appeal against an order of the learned single judge restraining the appellants from running a guest house in premises No. 1373, Kashmere Gate, Delhi, till the disposal of the suit. The question in the present case assumes importance with the mushroom growth of guest houses/lodging house in Delhi.

( 2 ) THE plaintiff-respondent Smt. Nirmala Devi claims to be owner of property bearing Nos. 1371 and 1372 in Kashmere Gate, Delhi. She is residing there with her family on the first floor since 1959. Her family consists of her four sons, three daughters-in-law and their children. Her married daughter also visits her occasionally. The adjoining flat No. 1373 is owned by defendants Nos. 1 to 5. There is a common staircase to both these flats. Both these flat owners lay their claim to the ownership of the staircase but admit the right of user of each other. I, therefore, take it that the staircase is common. When one climbs up the stairs the flat of Nirmala Devi is on the left and that of defendants Nos. I to 5 on the right. Defendants Nos. I to 5 let out their flat to Shri Hardayal Singh Mehta and Smt. Surinder Kaur Mehta, wife of Shri Hardayal Singh Mehta,