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1980 Supreme(Del) 172

HARISH CHANDRA
SHASHI KAPUR – Appellant
Versus
SULAKSHNA MALHAN – Respondent


Advocates Appeared:
ARUN MOHAN, S.K.KHANNA

Harish Chandra, J.

( 1 ) THIS is a revision petition under Section 1 15 of the Code of Civil Procedure against an order dated 22nd February, 1980 of Shri K. S. Gupta, Additional Distt. Judge, Delhi, dismissing an appeal against the order of Shri O. P. Gonge, Sub-Juage 1st Class, Delhi dated 6th September, 1979 whereby he granted an interim injunction restraining the petitioners from obstructing the respondents in the construction of the first-floor of house No. S-231, Panchsheel Park, New Delhi, till the disposal of the Suit.

( 2 ) IN view of the extremely limited scope of judicial review under Section 115 of the Code of Civil Procedure it does not appear necessary to go into the details of facts leading to the passing of the impugned order. Even so, briefly recapitulated, the facts are as under:

( 3 ) SHRIMATI Sulakshna Malhan, the first respondent before me, entered into a lease-deed with Shri Shashi K. apur, the petitioner before me, in September or October 1976 in respect of premises S-231, Panchsheel Park, New Delhi at a rent of Rs. 1200. 00 per month. Soon thereafter, Shrimati Malhan gifted away to her sister Mrs. Mohini Puri half of the property. Mrs. Mohini Puri who lost her













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