KANCHAN BALA THUKRAL Vs. RADHEYSHYAM MALIK

JUDGEMENT

(1.) By this order I shall dispose of I.A. No.42/2008 filed by the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC). The said application for interim relief has been filed with the prayer that the operation of the defendants' complaint letter dated 19th November, 2007 submitted by way of objection to the plaintiffs' request for water connection with respect to their property marked as Green 1, Green 2 and Green 3 measuring 600 sq. yds. at 41, Nazafgarh Road Industrial Area, New Delhi (hereinafter referred to as the 'suit premises') be stayed.

(2.) The brief facts of the case are that the plaintiff No.1 has claimed to be the owner and in possession of the suit premises. One portion of the suit premises, i.e. Green 1 is under encroachment by a legal entity by the name of M/s. Kapston Plastic, for which the plaintiffs have filed CS (OS) No.2355/2007 in this Court. The plaintiffs purchased the suit premises from M/s. SMD, a registered partnership firm for a total consideration of Rs.7,05,000/- ( for portion Green 1 and Green 3) and Rs.10,95,000/- (for portion Green 2) by virtue of sale deeds registered as Document No.9800, Book No.1, Volume No.12640 pages 81 to 89, Document No.16198, Book No.1,Volume No.14097, pages 133 to 141 and Document No.7501, Book No.1, Volume No.14672 pages 30 to 38 with the Sub-Registrar, Janak Puri, New Delhi on 31st March, 2005, 1st August, 2006 and 26th April, 2007 respectively.

(3.) The said M/s. SMD came into possession of the suit premises (as part of the total 0.86 acres) by virtue of sale deed dated 24th February, 1975 between the DDA and itself. Defendant No.1 came into possession of 900 sq. yds. of the total area at 41, Najafgarh Road Industrial Area, New Delhi by coming to some agreement with M/s. SMD. Both parties, i.e. the plaintiff No.1 as well as defendant No.1, own their respective portions of the said property.