SATISH ANAND Vs. DHAWAN CONSTRUCTION PRIVATE LIMITED

JUDGEMENT

(1.) This order will govern the disposal of I.A. No. 1116/99 under Order 39 Rules 1 & 2 read with Section 151, Civil Procedure Code filed by the plaintiff and I.A. No. 11003/99 under Order 39, Rule 4 read with Section 151, Civil Procedure Code filed by defendants 1 to 3 for vacation of ex parte ad interim injunction order dated 5th February, 1999.

(2.) Suit was filed, inter alia, alleging that Kishori Lal Malhotra was an allottee/ owner of the property bearing No. R-833, New Rajinder Nagar with leasehold rights in the land underneath it measuring 200 sq. yds. vide registered Lease Deed No. 2230 entered in Additional Book No. 1 Vol. No. 1738 on pages 115 to 117 dated 7th April, 1967 and Conveyance Deed registered as No. 2231 in Additional Book No. 1 Vol. No. 1738 on pages 118 and 119 dated 7th April, 1967 with the Sub-registrar, New Delhi. Said Kishori Lal Malhotra died on 20th February, 1972 leaving behind a registered Will dated 26th April, 1969 bequeathing the said property in favour of Sardari Lal Malhotra and Smt. Usha Rani. Thereafter property was allowed to be substituted in the names of both of them jointly by the L&DO vide Letter No. L & DO/PS.1/108 dated 28th January, 1993. It is alleged that as per mutual understanding in between Sardari Lal Malhotra and Smt. Usha Rani the ground floor of property was taken by Smt. Usha Rani while first and barsati floors by Sardari Lal Malhotra. Smt. Usha Rani sold her 1/2 share in the property, i.e. ground floor to the plaintiff under a registered sale deed dated 20th October, 1993. Said property now stands jointly in the names of Sardari Lal Malhotra and plaintiff in the records of L & DO New Delhi. Plaintiff is in occupation of the ground floor since 20th October, 1993.

(3.) It is pleaded that defendants 1 to 3 are carrying business as builders. Said Sardari Lal Malhotra seems to have sold his 1/2 share in the property, i.e. first floor and barsati floor to defendants 1 to 3 in March, 1998. Defendants 1 to 3 are in actual physical possession of both the said floors of property. On or about 21st December, 1998 the defendants 1 to 3 with the help of their workers started demolishing barsati floor with a view to construct flats on the second floor of property. It is stated that since the lease and conveyance deeds of the property are jointly in the names of plaintiff and Sardari Lal Malhotra, even if defendants 1 to 3 have purchased first and barsati floors from Sardari Lal Malhotra they cannot raise any construction either on the first or second floor after removing the existing construction as it is impermissible under the terms of lease and conveyance deeds of the property. Further, without getting the building plans sanctioned from defendant No. 4, the defendants 1 to 3 are not entitled to make any additions/alterations or construct any new flats. It is further alleged that defendants 1 to 3 have removed some of the walls on first floor. On account of demolition carried out by defendants 1 to 3 on the first and barsati floors considerable damage has been caused to the portion on ground floor of property in occupation of plaintiff and repair thereof would require expenditure of atleast Rs. 5.00 lakhs. Existing construction of the property also cannot bear the additional burden of the flats which defendants 1 to 3 propose to construct on the second floor of property. Decrees of permanent prohibitory and mandatory injunctions in addition to Rs. 5.00 lakhs towards damages, have been claimed by the plaintiff against defendants 1 to 3.