KUNTI DEVI Vs. SHEHNAZ MANSOOR

JUDGEMENT

(1.) Kunti Devi is the appellant in this second appeal. She had commenced litigation in the trial court by filing a suit for permanent and mandatory injunction on 17.4.1996. It had been averred that Mst.Shehnaz Mansoor and Mansoor Jamal (respondents in the present appeal who have filed cross objections) are illegal and unauthorized occupants in the suit property. She had accordingly sought a prayer restraining them from making any further construction in property no.6514, Ahata Kidara Estate, Idgah Road, Delhi. A second prayer had been made that the defendants should be directed to demolish all illegal/unauthorized construction already raised by them.

(2.) The case of the plaintiff was that she had become the owner of this property after the death of her husband Pishori Lal Sahni by virtue of a will dated 26.9.1974. Her husband had purchased this property from its erstwhile owner vide sale deed dated 7.1.1972. A portion of this property measuring about 50 sq.yds. had been sold to defendant no.1. A part portion was under the tenancy of Hari Om who has since vacated the property and handed over the same to defendant no.1 who was in unauthorized and illegal occupation of the same.

(3.) Defendants no.1 & 2 in their written statement had stated that the plaintiff has no right and title to the suit property. She has sold the same to Vijay Kumar and Raman Kumar who in turn had sold it to the answering defendants vide an agreement to sell dated 11.7.1994 and they are in legal and lawful occupation of the suit premises.