Raksha vs Meena Gupta

Deepak Gupta, J.—This petition under Article 227 of the Constitution of India is directed against the order dated 24.12.2009 passed by the learned District Judge, Solan whereby he allowed the appeal filed by the respondent (hereinafter referred to as the ''plaintiff'') and set aside the order of the learned Trial Court refusing to grant interim relief to the plaintiff and directed that the parties shall maintain status quo qua the suit land.

The case of the plaintiff is that she had purchased one share of the joint Khata from one Sh. Homesh Bhadur Saxena. It was submitted that the defendant is a tenant over a house and she be restrained from raising any construction or carrying out any major repairs, additions and alterations to the house. The stand of the defendant is that she is not a tenant in the said premises. According to the defendant, she is only a caretaker or domestic helper of some Bhatias who are the true owners of the property. She does not claim any right in the property. She however, denies that the plaintiff has purchased any right from Sh. Saxena since according to the defendant, said Sh. Sexana is unheard of since 1975.

In my view, the learned Lower Appellate Court was justified in directing the parties to maintain status quo qua the suit land. Even as per the defendant, she is only a care taker or domestic helper of the property and residing there and she has no right to carry out any major repairs, additions or alterations to the property. Therefore, the order of the learned Lower Appellate Court maintaining status quo does not effect her rights at all.

The petition being without merit is dismissed accordingly. No order as to costs.