BIMLA DEVI Vs. MANGE RAM

JUDGEMENT

(1.) THE petitioner Bimla Devi assails the judgment dated 11th February, 2013 passed in MCA No.15/2012 which is an appeal filed by the petitioner/ appellant against the order dated 3rd August, 2011 passed by the learned Civil Judge by which the application under Order XXXIX, Rules 1 & 2 CPC moved by the petitioner was dismissed.

(2.) ADMITTED facts in brief are that a suit for permanent injunction and declaration is filed by the petitioner against the respondents. It was contended in the suit that she is the owner of the property No.44A/3, Kalu Sarai, New Delhi measuring 150 Sq. Yards purchased from Sh.Nanwa vide agreement to sell and registered receipt dated 15th July, 1974 for Rs.3037.50/ . Respondent No.1 had witnessed the document executed by said Sh.Nanwa in favour of the petitioner. In 1980, respondent No.1 requested the petitioner to give him the house for the purposes of residence on rent which was given by the petitioner at a monthly rent of Rs.80/ and thereafter, respondents No.1 & 2 started residing in the constructed portion. With the permission of the petitioner, respondent No.1 also got constructed toilet, bathroom and a shop for his earning, but later on respondents No.1 & 2 became dishonest and started making forged documents and also started raising unauthorized construction over the property. Thus, the petitioner filed the suit in the year 2000 for permanent injunction against the respondents to restrain them from raising illegal and unauthorized construction.

(3.) ALONG with the suit, the petitioner filed an application under Order XXXIX, Rules 1 & 2 CPC which was dismissed.