NARESH Vs. BEERO

JUDGEMENT

(1.) RESPONDENT No.1, Smt. Beero filed civil suit bearing C.S.No.04/09 for possession and permanent injunction impleading her brother Naresh (petitioner before this Court) as defendant No.1 and her father, Shri Kishan Chand (now dead and his legal heirs brought on record) as defendant No.2.

(2.) THE case of the respondent No.1/plaintiff is that she purchased a plot measuring 200 sq. Yds falling in Khasra No.16/24/1, Village Pochan Pur, Delhi on 04.11.1988 from her father for a total sale consideration of Rs.30,000/-. The receipt was duly registered before the Sub-Registrar and transfer documents like GPA, Agreement to Sell and affidavit etc. were executed in her favour by her late father Kishan Chand. The defendant No.1, who is her brother, was initially permitted by her to carry on his building material business from her plot. However, subsequently the relations between them became strained as he refused to part with possession of the four rooms on the plot owned by the plaintiff. Even her father started taking side of her brother and because of collusion between her father and brother, she impleaded her father as defendant No.2 in the said civil suit. In view of threats being received by her from her brother to deprive her of her property and threatened demolition in respect of construction existing on the portion shown as red in the site plan, so as to merge it with the adjoining plot owned by defendant No.1, a suit was filed claiming relief of possession in respect of 50 sq. yds with super structure of four rooms falling in Khasra No.16/24/1 and also relief of injunction restraining the defendants from demolishing the superstructure or creating any third party interests thereon. Along with the said suit, application under Order XXXIX Rules 1 & 2 CPC was also filed by the plaintiff.

(3.) THE learned Senior Civil Judge had declined to grant any injunction, as prima facie plaintiff was unable to show herself to be the owner of the suit property.