LAWS(DLH)-2021-12-23

MONIKA TYAGI Vs. SUBHASH TYAGI

Decided On December 17, 2021
Monika Tyagi Appellant
V/S
Subhash Tyagi Respondents

JUDGEMENT

(1.) This order will dispose of the application (I.A.11545/2020) filed by the plaintiffs under Order XII Rule 6 CPC seeking judgment on admissions against the defendants. The application (I.A. 8712/2021) for filing additional documents shall also be disposed of by this order.

(2.) The facts of the case as setup in the plaint may be briefly stated for the sake of ready reference. The plaintiffs have filed the suit seeking recovery of possession, mesne profits, permanent and mandatory injunction against the defendants, their agents, servants or any other person claiming through them in respect of property being land measuring 2200 sq. yards forming part of Khasra No.47/25/1/2 (0- 2), 47/25/2/1 (1-18) and 54/1/2 (0-4) in Khata No. 281 situated in the revenue estate of village Hastsal, Delhi. The property is stated to be situated in the Pradhan Vali Gali and bounded by 20 feet high brick walls on all sides. It is stated to have a built up portion comprising of two halls, three rooms, two separate bathrooms, two separate kitchens, a temple and a garden and a covered parking space (hereinafter referred to as the "suit property").

(3.) The plaintiff has stated that there are two entrances to the said property, being No.370 at the entrance from the Pradhan Vali Gali and No.371-A from the side of the MCD Primary School, village Hastsal. The property belonging to the defendants surrounds the suit property on the North, South and the East directions and by the Pradhan Wali Gali in the West direction. Of the two gates, one opens towards the western side and the other towards the northern side.