Sanjay Kishan Kaul, J. (Oral) —

CM No.5059/2009 (Exemption) Allowed subject to just exceptions. FAO (OS) No.126/2009 The appellant is the owner/landlord of the suit property bearing municipal No. J- 11/24-B, Lajpat Nagar, New Delhi (for short ‘said premises’) of which the respondents are the tenants. The appellant filed a suit for permanent and mandatory injunction restraining the respondents from carrying out any alteration or modification or demolition in the said premises and not to sell, alienate, part with possession or transfer the said premises to any third party. The appellant also filed an application under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the said Code) on which interim orders were granted. The respondents moved an application for vacation of the interim order under Order 39 Rule 4 of the said Code. These two applications have been disposed of by the impugned order dated 06.02.2009 with which the appellant is aggrieved.

2. The factual matrix for determination of the appeal is within a narrow compass. The appellant claims to have let out the said premises to the respondents by a written Rent Deed dated 01.11.1