Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: S.151,O.XXXIX,R.1,2

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, (V of 1908), S. 151, O. XXXIX, Rr. 1 & 2--Suit for declaration and temporary injunction--Lease of plot--Sub-leased--Conversion of plot from residential to commercial purposes--Serving of notices regarding use of property for commercial purposes--Rights and obligations--Maintainability--Direction to--Rights and obligations are strongly interlinked with each other hence a balance has always to be maintained while demanding rights because a legal right even shall not earn a license to avoid obligations which one has towards others--An owner does have absolute rights to enjoy his property but manner and use thereof shall not be at cost of others--Plaintiffs have specifically asserted infringement of their rights in result of use of subject property by Defendant No. 4 hence personal interest of plaintiffs is prima facie involved--It is not case of Defendant No. 4 that there is any order for use of a residential plot for education purpose by any of competent authorities hence 'inconvenience' to Defendant No. 4 itself shall not prevail over interests and rights of neighbouring people or those using such road else it shall amount to giving preference to interests of an individual with that of public at large--Accordingly, suit is hereby disposed of with direction that Defendant No. 4 shall not use premises after expiry of agreement period i.e. 12.03.2017 except for 'residential purpose' only--In case of any violation or use of subject matter for any other purpose except for 'residential one' by Defendant No. 4 or Defendant No. 5 even or any other person claiming under him shall require authority to seal subject property without any notice--Suit was disposed of. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE---.--- This order will dispose of application under Order 39 Rules 1 and 2 R/w Section 151 CPC (CMA No. 14527/2015) filed by plaintiffs with prayer to: '.restrain the Defendants No. 4 & 5 from establishing and operating an educational institution and / or a commercial office on the said property.' 2. The brief facts of the case are that plaintiffs, residents of Park Lane, Block-5,…

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