MULK RAJ KHULLAR Vs. ANIL KAPUR

JUDGEMENT

(1.) The present Suit is filed by the plaintiff seeking the relief of mandatory injunction directing the defendants to remove themselves from suit property bearing Plot No.B-93, Rewari Line Industrial Area, Phase-I, Mayapuri, New Delhi. A decree for permanent injunction and mesne profits and damages is also sought.

(2.) The plaintiff submits in the Plaint that he is the absolute owner of the suit property. This was allotted to him vide perpetual lease deed executed by Delhi Development Authority on 20.09.1996. At the time of allotment the father of the plaintiff and plaintiff were carrying on business in the name and style of M/s. Rajko Sanitation. The said partnership was dissolved on 31.3.1968 and the assets of the said firm are stated to have been taken over by the plaintiff. It is hence stated that the plaintiff became the sole owner of the entire property measuring 2420 sq. yards. Out of this area, a portion measuring 1570 sq. yds was given to his son and son-in-law to start their business in the name of Defendant No.3 company. Certain portion was given to the defendants for limited user without charging any rent and no deed was executed. The plaintiff was stated to be one of the Directors of defendant No.3 company for some time and that recently the property was also converted from leasehold to freehold vide Conveyance Deed executed by DDA dated 7.5.2010 in favour of the plaintiff.

(3.) It is stated that the defendants tried to break open the locks of certain portions of the suit property because of which the plaintiff was constrained to file various police complaints in the month of February 2010. The defendants have also filed various complaints against the plaintiff. Hence, it is stated that the plaintiff vide legal notice dated 25.6.2011 terminated the license in favour of the defendants and called upon the defendants to remove themselves from the suit property within seven days of receipt of the legal notice. It is stated that the said legal notice was duly served upon defendants on 27.6.2011. No reply has been sent by the defendants to the said legal notice. Hence, the present Suit has been filed.