MOHINDER SINGH Vs. NEW DELHI MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This revision petition is directed against the order dated 8th June, 1981 passed by the learned Aditional District Judge, Delhi.

(2.) Briefly stated the facts of the case are that the petitioner was allotted a shop bearing No.2, Palika Dham Market Lane, New Delhi on 13th March, 1979. The petitioner is stated to be in possession of letter of allotment, no objection certificates from various authorities for running the trade of refrigration and water cooling which includes the operation of trollies. It is alleged that some of the officers of the defendant Committee came to the shop of the petitioner on 17th April, 1980 and threatened that the allotment of the petitioner would be cancelled and the operation of the trollies would be stopped. Faced with this threat the petitioner filed a suit bearing No.l97/80 for permanent injunction on 18th April, 1990. In the suit it was, inter alia, prayed that the defendant Comittee and its employees etc., be restrained from interfering with the allotment of the premises and operation of the trade of refrigration and water cooling in the said shop and operation of the trollies and also from disconnecting water, electricity and power connection from the parking site meant for the said trollies. Along with the plaint the petitioner also filed true copies of documents such as letter of allotment, no objection certificates issued by the New Delhi Munisipal Committee for allotment for running of the above mentioned trade, latest electricity bill duly paid and no objection certificate for operating trollies. After perusing the aforesaid documents and hearing the counsel for the parties the learned trial judge on 11th August, 1990 granted injunction in favour of the petitioner restraining the defendant committee from interfering with the allotment of shop No.2, Palika Dham Market Lane, New Delhi and the operation of the trade of refrigration, cooling of water etc., as prayed for in the application for stay.

(3.) The New Delhi Municipal Committee challenged the abovementioned order passed by the learned trial court before the District Judge and the Additional District Judge vide his order dated 29th June 1981 accepted the appeal filed by the New Delhi Municipal Committee and set aisde the order passed by the learned trial court. The afoesaid order has been challenged in this revision petition.