CHAND TH LRS Vs. BABUDDIN THROUGH LRS

JUDGEMENT

(1.) PETITIONER is aggrieved by the finding contained in the impugned judgment dated 03.02.2012 whereby the objections filed by the petitioner under Section 47 of the Code of the Civil Procedure (hereinafter referred to as the Code) had been dismissed.

(2.) RECORD shows that that a suit for permanent injunction had been filed by one Babuddin against Tek Chand seeking a restraint order against the defendant from encroaching/tress passing/interfering in the peaceful use and occupation of the roof of shop No.27, Khasra NO.861/346 situated at Summan Bazar, Jangpura, New Delhi. Contention of the plaintiff was that the father of the plaintiff namely one Mohd. Bux had purchased the suit property from the defendant for a consideration of Rs.7000/- by way of a registered sale deed dated 15.6.1970 and the plaintiff is in possession of the suit premises. Defendant is creating unnecessary hurdles and in fact had started raising the wall on the roof of the said premises for which a complaint was also lodged by the plaintiff but thereafter the matter has aggravated; the suit was accordingly filed.