NAUSHAD ALI @ NAUSHI Vs. SYED MANZOOR NIZAMI

JUDGEMENT

(1.) The present appeal has been filed against the impugned judgment and decree dated 07.05.2007 which has endorsed the finding of the trial judge dated 29.01.2005 whereby the suit filed by the Plaintiff, Sh. Manzoori Nizami, seeking a permanent and mandatory injunction against the Defendant i.e. restraining him from demolishing any portion in the suit property i.e. property No. 107 (old) 67-68 (new) situated at Basti Hazrat Nizamuddin, New Delhi/ to raise any further construction had been decreed in favour of the Plaintiff.

(2.) The case of the Plaintiff is that the Defendants are tenants in the suit property. They had demolished one part of the room as depicted in the site plan. On 12.05.1991, the Defendants started raising an unauthorized construction. In spite of specific requests, the Defendants did not resist from their acts. Suit was filed.

(3.) In the joint written statement of the Defendants, the contention was that the Plaintiff was not the owner of the suit property; he has no locus standi to file the present suit, it was denied that the Defendants have raised any unauthorized construction therein.