VIJAY SINGH VERMA Vs. KANWAR SINGH VERMA

JUDGEMENT

(1.) Averring that he was the owner of a property situated at 802/1 Ward No. 6, Khasra No. 1151/3 Min, Lal Dora Abadi, Mehrauli, New Delhi ("the suit property"), the respondent instituted CS 8226/2015 (Kanwar Singh Verma v. Vijay Singh Verma), against the appellants before the learned Additional Senior Civil Judge ("the learned ASCJ"), seeking an injunction, restraining the appellants from obstructing the respondent in keeping and maintaining a water tank at the roof of the suit property, as well as from accessing the roof of the suit property, in connection therewith.

(2.) According to the averments in the plaint, the respondent was the occupant of the ground floor of the suit property, whereas the appellants, as the defendants in the suit, were in possession of one room on the ground floor, the entire first floor and one room on the second floor, along with roof. The respondent asserted ownership rights over the suit property, claiming to have purchased the suit property through Shakuntala Devi, his mother, who, it was asserted, had purchased the suit property from Mamchand Tanwar, who, in turn, had purchased the suit property from one Nathu Ram through General Power of Attorney (GPA), Agreement to Sell, Affidavit, Receipt and registered Will dtd. 6/8/1980. The respondent averred that, vide registered Sale Deed dtd. 18/9/2007, the suit property was sold by Shakuntala Devi to the respondent. Consequent to acquiring ownership over the suit property, the plaint averred that the respondent had installed a water pipe in the property and had a cemented water tank installed on the roof over the staircase of the first floor, from where water was supplied to the entire suit property.

(3.) It was alleged, in the plaint, that Appellant 1 Vijay Singh Verma (Defendant 1 in the suit) had broken the water tank, resulting in disconnection of water supply to the suit property. It was further alleged that the appellants were preventing the respondent from having access to the roof of the suit property. In connection with the damage allegedly caused to the water tank by Appellant 1, the plaint asserted that the respondent had lodged a complaint at P.S. Mehrauli on 26/11/2014.