CHANDER KANTA GARG Vs. K S CHUGH

JUDGEMENT

(1.) Present appeal has impugned the judgment and decree dated 08.8.2006 which had reversed the finding of the trial judge dated 26.2.1982. Vide judgment and decree dated 26.2.1982 the suit filed by the plaintiff Chaner Kanta Garg seeking perpetual injunction against defendant no.1 (K.S.Chugh) restraining him from raising any construction on part of plot no.EC-31, Inderpuri Colony (as depicted in the site plan Ex.PW-10/3) had been decreed in his favour. The impugned judgment had reversed this finding; the suit of the plaintiff stood dismissed.

(2.) The case of the parties as borne out from the pleadings is as under: i. The Engineering Industrial Corporation Limited (defendant No.2) had acquired and purchased an area of 146 bighas 15 biswas in various khasra in Village Naraina, Delhi and converted this land into a built up colony (hereafter referred to as the Inderpuri Colony).

(3.) This is a second appeal. It has been admitted and on 10.1.2011 the following substantial question of law has been formulated: Whether the finding in the impugned judgment dated 08.8.2006 reversing the finding of the trial judge are perverse? If so, its effect?