- (1.) Present petition is against judgment of Courts below, whereby suit filed under Section 6 of the Specific Relief Act, 1963 for recovery of possession of godown, was dismissed by learned Civil Judge (Junior Division), Panchkula and the appeal filed by plaintiff/petitioner was dismissed by the First Appellate Authority on the ground of maintainability.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance. Relevant facts of the case that plaintiffs were tenants in one room godown being part of House No. 836 situated at Parade Mohalla, Kalka. The same was let out by Chameli Devi, grand mother of defendants No.1 to 3, 8 and motherin- law of defendant No.7 to father of the plaintiffs on payment of Rs. 10/- as rent and the same was later on enhanced to Rs. 13/- per month and rent was further enhanced to Rs. 25/- per month. Earlier, eviction petition was filed against plaintiffs under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 and the same was dismissed vide judgment dated 21.1.1994. After the death of Madan Lal, defendants inherited the house in question and became its landlords. Satya Devi, widow of Madan Lal, used to receive rent from the plaintiffs at the rate of Rs. 25/- per month and she was not issuing any receipt. But plaintiffs continued to make payment of rent. The tenanted property was being used for storage of fruits, cold drinks and milk etc.
(3.) As per plaintiffs, on 22.9.2001 at about 10.00 p.m., Manohar Lal kept food and other articles in godown and on 22.9.2001 at about 10.30 a.m., when he visited the said godown, defendants along with some persons broke open the lock thereof and threw away the crates of fruits, milk, fruit bags, second hand tyres and scrap etc. which were lying in the godown and plaintiffs were dispossessed forcibly. The matter was reported to the police on 22.9.2001 itself but the police did not take any action. Defendants and other accused persons had taken away the goods in tractor trolley No. HR-49-3608 and Taxi No. HR-37-0670. Defendants did not allow the petitioners to come near to the spot and take photographs. They sent telegram to the Home Minister, New Delhi in that regard. Plaintiffs had been dispossessed by the defendants from the godown forcibly and as such present suit.;