PRADEEP KUMAR Vs. RAJ KUMAR

JUDGEMENT

(1.) The instant appeal has been filed under Order XLI read with Sec. 96 Code of Civil Procedure (CPC) assailing impugned judgment and decree dtd. 7/2/2023 passed by Ld. ADJ, Dwarka Courts, Delhi in case bearing CS No.1013/2019 titled as Raj Kumar v. Pradeep Kumar and Anr.

(2.) The respondent/plaintiff had filed a suit for mandatory and permanent injunction, claiming to be the owner and in possession of property bearing no. B-140, Partap Garden, Bindapur, New Delhi-110059, admeasuring 200 Sq.Yards, since 1987. The appellant/defendant no.1 was the son and appellant/defendant no.2, the wife of defendant no.1 was daughter-in-law of the respondent/plaintiff. As per the plaintiff, he had given oral permission to the defendants to live in a part of the suit property.

(3.) The defendant/appellants would, however, regularly quarrel with the respondent/plaintiff. By using threats and coercion; they retained permissive possession of the suit property. No money was ever paid by the defendants to the plaintiff at any point of time. Besides the threats, the plaintiff was assaulted by the defendants as well, and also on occasions when defendant no.1 was under the influence of alcohol. They also threatened to file a false case under Sec. 498A IPC.