SUNIL KUMAR CHATURVEDI (HUF) Vs. PIYUSH SAMA

JUDGEMENT

(1.) I.A. 4937/2021 (by the plaintiff under Order XXXIX Rules 1 and 2 read with Sec. 151 CPC for ad-interim ex-parte injunction)

(2.) The plaintiff is a Hindu Undivided Family (HUF) suing through the 'Karta ', Mr. Sunil Kumar Chaturvedi (henceforth referred to as the 'Karta "), for declaration of title over the suit property, namely, Flat No.76, C-2C, Pocket-2, Janakpuri, New Delhi, alongwith Barsati on the roof. The plaintiff claims to be the rightful owner in possession of the said property. Consequential reliefs of permanent and mandatory injunctions have been sought against the defendant No.1 to restrain the defendant No.1 from dispossessing the plaintiff from the suit property or alienating or creating any third-party rights over it.

(3.) The facts as set out are that the suit property had been originally leased by the Delhi Development Authority ( 'DDA ') to one, Mr. Inder Pal Singh Pantle on 20/9/1977. Subsequently, on 11/7/1986, after receiving permission and approval from the DDA, he sold the property to one, Mr. Joginder Pal Singh, by executing an Agreement to Sell and other relevant documents. Later, a Sale Deed was registered on 13/2/1987. Thus, all leasehold rights in the suit property were transferred to Mr. Joginder Pal Singh absolutely. On 18/4/1988, Mr. Joginder Pal Singh executed an Agreement to Sell and a General Power of Attorney (GPA) in favour of defendant No.2/Smt. Rita Chaudhary, who is the sister-in-law of the Karta. The defendant No.2 permitted the Karta to live in the suit property alongwith his family and thus, the Karta has remained in the peaceful possession of the suit property since 1988 in terms of the internal family understanding.