JUDGEMENT
K.S.Gupta -
(1.)This order will govern the disposal of I.A. 9943/95 under Order 39 Rules 1 & 2 read with Section 151 Civil Procedure code filed by the plaintiff.
(2.)Suit was filed alleging that the plaintiff alongwith Chottu is the owner of 3/4th share of land, ad-measuring 4 bighas 1 biswas and built up structure thereon comprised in Mustkil No. 37, Kila No. 13 in Village Samalka, New Delhi. Remaining l/4th share initially belonged to Jamna Das, Tej Ram, Bhim Singh, Ballu and Ram Kumar who sold it to one Suresh Chand and defendant No. 1. There are certain disputes be- tween Suresh Chand and defendant No. 1. It is further alleged that Suresh Chand and defendant No. 1 sold their l/4th share to the plaintiff in January 1095. Amount of 3 lakhs towards sale considerations stood paid in the past by the plaintiff to defendant No. 1. Towards part performance of contract of sale the plaintiff was handed over original documents of title and Suresh Chand and defendant No. 1 agreed to execute the sale deed at a later stage. It is claimed that plaintiff is in settled possession of the entire suit property for last over 8 years. Suit property is enclosed by brick boundary walls of 7 ft high. It is also pleaded that on 24.9.1995 around 10.00 AM Naresh Kumar, Vinod Kumar, Sheesh Pal Sirigh and Ramesh Chand alongwith 50 labourers forcibly entered into the suit property and started demolishing front boundary wall and iron gate. However, on being resisted, they went back and a report regarding this incident was lodged by the plaintiff with police. Plaintiff has learnt that said persons were sent by the defendants with instruction to dispossess him from suit property. Decree of permanent injunction is sought to be passed restraining the defendants from dispos- sessing the plaintiff or otherwise affecting his use, occupation and enjoyment thereof.
(3.)In the suit aforesaid I.A. 9943/95 was filed for grant of ad-interim injunction for the said reliefs claimed in the plaint and by the order dated 20/10/1995 parties were directed to maintain status quo in regard to suit property upto 22/03/1996.
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