MAHENDER MALIK Vs. M S SALUJA

JUDGEMENT

(1.) The plaintiff filed the suit on the allegations that the defendant No.1 along with defendants No.2 to 4 have dispossessed the plaintiff from the property bearing No.C-1 (old No.WZ-900/1) ad measuring 92 sq. yds. out of Khasra No.568/1 and 568/2 min. situated in the area of village Tihar abadi known as Fateh Nagar, Block-6, New Delhi (hereinafter referred to as the suit property). In this suit the plaintiff is seeking decree of mandatory injunction directing the defendant No.1 to remove his locks and the decree of permanent injunction for restraining the defendants from interfering with use and enjoyment of the suit property.

(2.) The plaintiff states that he had purchased the suit property from its previous owner Sh. Jai Prakash S/o Late Sh. Nanhu Ram, Resident of House No. 196, Village Tihar, New Delhi for a consideration of Rs.27 lac vide Sale Deed dated 14.7.2011, bearing registration No. 18318 in Book No. 1, Vol. No. 18930 on pages Nos. 27-32 on 22.7.2011. According to the plaintiff, at the time of the sale of the suit property the vendor Sh. Jai Prakash, claimed that he is the son of Sh Late Nanhu and that upon his death, the said property devolved upon Sh. Nanhu Ram s widow, six sons and three daughters, who executed a General Power of Attorney to sell, receipt etc. in favour of Sh. Jai Prakash on 4.2.1988 and now he is in possession of the said property and the owner. It was further represented by the vendor Sh. Jai Prakash that the suit property was turned into residential use.

(3.) After the purchase of the suit property, plaintiff started renovation on the same on 13.8.2011 with help of hired laborers/masons. The plaintiff got the waste material lying in the suit premises removed and on 15th and 16th August 2011 foundation was raised erecting two rooms in the rear portion.