Smt.Santosh Kumari vs Smt. Sumitra Devi & Ors. on 17 November, 2014
registered sale deed dated 14.02.1961; that Sh. Kanhiya Lal (defendant no.4) was a
tenant in respect of one shop on the ground floor of property no.1240 and he was
illegally evicted in May/June 1983; that in January 1971, the plaintiff was inducted as a
tenant by Sh. Des Raj in respect of portions of first floors of property no(s). 1240 and
1241 at monthly rent of Rs.110/ except electricity charges; that the tenanted premises
comprised of one room over the roof of the shop on the ground floor of property
no.1241 and one bathroom, latrine and open space over the roof of shop on the ground
floor of property no.1240; that the entire tenanted premises was one unit; that after
being inducted as a tenant by Sh. Des Raj, Smt. Sumitra Devi (defendant no.1) had
started harassing the plaintiff; that having failed in her design to evict the plaintiff from
the tenanted premises, she had sold property no.1241 to the plaintiff vide registered
sale deed dated 29.07.1974; that after sale of property no.1241, the plaintiff and Smt.
Sumitra Devi (defendant no.1) agreed that in respect of remaining portion of the
tenanted premises i.e. the bathroom, latrine and open space over the roof of shop on
the ground floor of property no.1240, the plaintiff shall pay rent of Rs.70/ per month to
Smt. Sumitra Devi (defendant no.1); that in the second week of May 1988, Sh.
Dhanwant Singh Sokhi (defendant no.2) had tried to forcibly dispossess the plaintiff
from the bathroom, latrine and open space over the roof of shop on the ground floor of
property no.1240 by proclaiming that his wife, Smt. Jaswinder Kaur (defendant no.3)
had become the owner of property no.1240 by virtue of registered sale deed dated
19.07.1983; that in order to restrain Sh. Dhanwant Singh Sokhi (defendant no.2) from
forcibly dispossessing the plaintiff from the bathroom, latrine and open space over the
roof of shop on the ground floor of property no.1240, the plaintiff had filed a suit for
permanent injunction against Sh. Dhanwant Singh Sokhi (defendant no.2) and obtained
interim relief; that as a counter blast to the said suit, the Smt. Jaswinder Kaur
Civil Suit No.739/09
Smt. Santosh Kumari v Smt. Sumitra Devi & Ors.