KUSUM SANGHI Vs. RAJ KISHAN DAS

JUDGEMENT

(1.) THIS appeal is directed against the order dated 2 nd January, 2006 passed by the learned Single Judge in CS(OS) 538/2005.

(2.) THE facts giving rise to the appeal are that on 19th December, 1995, the Respondent/Plaintiff filed a suit for mandatory and permanent injunction initially against the Appellant No.1 (Defendant No.1) in respect of property bearing No.9, Western Avenue, Maharani Bagh, New Delhi admeasuring about 233.31 sq. yds. After the written statement was filed by the Appellant No.1, the Appellant No.2 (daughter of Appellant No.1), Appellant No.3 (husband of Appellant No.2) and Appellant No.4 (son of Appellant No.1) were also impleaded as Defendant Nos.2, 3 and 4 respectively.

(3.) IT is averred in the plaint that the Plaintiff and his family members used to reside at 3, Pusa Road, New Delhi. The Defendant No.1 is the elder sister of the Plaintiff who was married to Shri O.P. Sanghi (since deceased) and was stated to be residing at 4, Ring Road, Kilokri, New Delhi.