DILIP KUMAR Vs. AMRIT RAI AGGARWAL

JUDGEMENT

(1.) Appellant is aggrieved of the order dated 21.02.2008 passed by learned Additional District Judge, Delhi in Suit No. 525/2004, whereby the learned Judge has disposed of the injunction applications filed by the Appellant and Respondents No. 1 to 4 under Order 39 Rules 1 and 2 CPC. The learned Judge has allowed the application filed by these Respondents under Order 39 Rules 1 and 2 thereby restraining the Appellant from selling, transferring, alienating or creating any third party interest in the suit property bearing house No. 426-431 situated at Friends Industrial Area, Gali No. 8, GT Road, Shahdara, Delhi shown in red colour in the site plan but dismissed the application filed by the Appellant under Order 39 Rules 1 and 2 Code of Code of Civil Procedure with respect to similar relief qua the portion shown in green color in the site plan. In this regard, the learned Additional District Judge has observed that the said application was filed by the Appellant basically to obtain stay of the execution proceedings with respect to the eviction order passed in favour of the Respondents with respect to the green portion even though the objections filed by Respondent No. 6, Shashi Bala through whom the Appellant is claiming title, to the aforesaid decree were dismissed by executing court and the said order was upheld by this Court. It is this portion of the order which seems to be the bone of contention insofar as the Appellant is concerned.

(2.) Briefly stating, the facts giving rise to filing of this case are that the Respondents filed a Suit bearing No. 525/2004 against the Appellant for possession, mesne profits and cancellation of documents i.e. general power of attorney, special power of attorney as also the sale deed executed in favour of Appellant and Respondent Nos. 5 and 7 in respect of portion of premises bearing No. house No. 426-431 situated at Friends Industrial Area, Gali No. 8, GT Road, Shahdara, Delhi shown in red and green color (hereinafter referred to as "the suit property") as null and void and not binding on the Respondent. They also prayed for decree of possession in respect of the premises shown in red color in the site plan. They also sought decree for permanent injunction against the Appellant for selling, transferring or creating any third party interest in the suit property and for directions against the Appellant to demolish or remove the unauthorized construction in the suit property. They also claim the decree of 9,25,000/- towards the future damages with effect from 1st October till the eviction of the suit premises.

(3.) It would be necessary to take note of chain of succession which is being relied upon by the Respondents claiming ownership of the suit property. In this regard, it may be observed that erstwhile owner Sh. Daulat Ram sold a piece of land measuring 1636 sq. yards to Sh. Ishwar Dass through a registered sale deed dated 31.5.1949 who raised construction and super structure of the factory and installed machineries therein. Vide registered sale deed dated 10.4.1953 Sh. Ishwar Dass sold the said properly to M/s Laxmi Narain Ram Jeevan of Calcutta. Vide registered sale deed dated 27.3.1962 M/s Laxmi Narain Ram Jeevan sold the said property along with goodwill of the oil mill to Sh. Laxmi Narain Aggarwal, Sh. Brij Mohan Lal Mittal, Sh. Ghansham Dass, Sh. Tara Chand, Sh. Jugal Kishore, Sh. Tej Ram Aggarwal and Sh. Amar Nath. Sh. Laxmi Narain Aggarwal, Sh. Tej Ram Aggarwal and Sh. Amar Nath vide registered sale deed dated 8.8.1963 sold one half undivided share of the said property in favour of Smt. Lilawati (since deceased) and Smt. Kusum Lata. Vide registered sale deed dated 8.8.1963 Sh. Brij Mohan Mittal, Sh. Ghanshyam Dass, Sh. Tara Chand and Sh. Jugal Kishore sold the other half undivided share of the said property to Sh. Suresh Chandra, Sh. Amrit Rai (Respondent No. 1), Sh. Shashi Kumar and Sh. Ravi Kumar. Sh. Suresh Chandra sold his 1/8th share to Smt. Krishna (Respondent No. 4) vide registered sale deed dated 25.6.1970. Smt. Leelawati vide registered sale deed dated 13.2.1985 sold her 1/4th undivided share to Sh. Atul Aggarwal (Respondent No. 2). Smt. Kusum Lata sold her 1/4th undivided share to Sh. Sameer (Respondent No. 3) vide registered sale deed dated 13.2.1995. Sh. Ravi Kumar Gupta sold his 1/8th undivided share to Smt. Krishna (Respondent No. 4) vide registered sale deed dated 31.8.98. Sh. Shashi Kumar Gupta sold his 1/8th undivided share to Sh. Amrit Rai (Respondent No. 1) vide sale deed dated 31.8.98. It was alleged that the Respondent Nos. 1 to 4 had become co-owner in the ratio of 1/4th undivided share of the suit property in view of above referred sale transactions through registered sale deeds.