- (1.) The parties are closely related. Smt. Savitri Devi petitioner is the widow of Vidya Parkash, real brother of respondent Hans Raj. Parmodh Bala petitioner is the daughter of Vidya Parkash. They have filed a suit for declaration and injunction to the effect that the alleged sale deed dated 20-3-1977 made by Vidya Prakash in favour of Hans Raj respondent was a sham transaction and they had been in continuous possession of the property in dispute and managing the same and that the respondents be restrained from executing a decree of ejectment against one Ram Lal who was a tenant in a part of the premises. Both the learned Courts below have declined to grant interim relief to them. When the case came up before me on November 3, 1978, it was brought to my notice by Mr. Awasthy that M/s Raj Iron Store, who were occupying the ground floor of the property in dispute, were also sought to be ejected by Hans Raj respondent. That firm set up the plea that they were the tenants under the petitioners and not under Hans Raj respondent. This plea of theirs prevailed with the learned Rent Controller as well as with the learned Appellate Court. Mr. Sarin submits that a revision petition has been filed against the orders in those proceedings on 10-1-1979 and the same is pending admission.
(2.) Mr. Awasthy has submitted that if the respondents are allowed to have the ejectment order executed against Ram Lal, they after getting him ejected are likely to induct some other tenant who shall become a source of nuisance to the helpless widow and daughter of Vidya Parkash, the real brother of Hans Raj respondent. He has also argued that the petitioners have already obtained possession of the vacant premises from Ram Lal and they have been using the same since December, 1977.
(3.) Mr. Sarin has placed reliance on the Municipal Corporation of Delhi v. Suresh Chandra Jaipuria and another, 1976 AIR(SC) 2621 for the proposition that where two Courts have declined to grant the relief of injunction, this Court should not interfere with their order under section 151, Code of Civil Procedure. There is no quarrel with the proposition of law laid down in that authority.;