Delhi District Court
Mohd. Saleem vs Mohd. Naeem on 16 August, 2007
1
IN THE COURT OF SHRI SUKHDEV SINGH:
ADDITIONAL DISTRICT JUDGE: DELHI.
MCA NO. 39/2006
Mohd. Saleem
S/o Shri Jamiluddin
Shop No. 43/1, Village Bharola,
Delhi. ..Appellant
Vs.
Mohd. Naeem
S/o Shri Jamiluddin,
R/o 7679, Gali Munshi Abdul Rahim
Qasbpura, Sadar Bazar,
Delhi
Municipal Corporation of Delhi
Town Hall, Chandni Chowk
Delhi
Through its Commissioner ...Respondents.
Date of Institution :19.12. 2006
Judgment Reserved for : 16.08.2007
Judgment Passed on : 16.08.2007
JUDGMENT
The present appeal has been preferred against the order dated 13.11.2006 passed by Shri Brijesh Kumar Garg, 2 Ld. Civil Judge, Delhi, whereby the application of the appellant/plaintiff under Order 39 Rule 1 & 2 has been dismissed.
2 The facts in brief are that appellant/plaintiff had filed a suit for permanent injunction against defendant No.1 praying that defendant No.1 be restrained from opening/commencing the shop of fresh meat selling in his shop at Khasra No. 43/1, Village Bharola, New Delhi, in front of his shop without obtaining licence from MCD/Defendant No.2.
3 It was stated in the plaint that plaintiff was running a meat shop in Khasra No. 43/1, Village Bharola, Delhi had obtained licence for running meat shop from MCD/respondent No.2. It was further stated that defendant No.1 was getting the shop renovated for the purposes of commencing this business of selling meat without obtaining any license from defendant No.2. The plaintiff had to approach respondent No.2/MCD. Hence, the suit. 3 4 In the Written Statement filed on behalf of defendant/respondent No.1, it was stated that appellant/plaintiff had filed the suit with ulterior motives and was trying to restrain the defendant from doing trade and business from his own shop. It was further stated that respondent No.1 is the real brother of plaintiff who was assisting him in his shop of meat selling since 1982. Now, respondent No.1 refused to assist him and started getting his own shop renovated and he obtained licence from respondent No.2/MCD on year to year basis and would apply for the same after renovation work. 5 In the Written Statement filed on behalf MCD/respondent, they also stated that the suit was filed just to settle the personal scores and vendetta with respondent No.1 and out of trade rivalry. It was further stated the suit was premature and mis-conceived and was abuse of process of law and was not maintainable under Section 4 (h) of Specific Relief Act.
6 I have heard Ld. counsels for parties and have perused 4 the material placed on record.
7 It has been argued on behalf of appellant that the Trial court has not considered that the respondent was required to take a licence for starting the business in his shop. On the other hand, Ld. counsel for respondent has argued that he was not starting any business of meat in his shop.
8 If the judgment under challenge is perused, it is noticed that the Trial court has come to the conclusion that respondent has every right to start a business for his livelihood provided he fulfils the requirements . It is only the apprehension of the appellant. Further, it has considered the report of the Health Inspector, wherein he has stated that respondent No.1 was only renovating the same. The fact that the shop was under renovation and respondent No.1 did not apply for any business or the start of meat business in the shop it seems to be mere an apprehension on the part of the appellant. Not only this, certainly respondent No.1 has right to do his business provided he fulfils the requirements of law. 5 Thus, no prima facie case is made out in favour of the appellant and the view taken by the the Trial court is correct one.
9 In view of the above, I am of the opinion that the impugned judgment does not suffer from any illegality or error and I uphold the same. The appeal stands dismissed with cost of Rs.3000/-. TCR be sent back with a copy of the judgment. Appeal file be consigned to Record Room.
Announced in the open Court (SUKHDEV SINGH ) on 16.8.2007 ADDL. DISTT. JUDGE:
DELHI.