PEHLAD RAI Vs. TARA DEVI

JUDGEMENT

(1.) This second appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 ('CPC') impugns the judgment dtd. 17/10/2022 passed by ADJ-07, Central District, Tis Hazari Courts, Delhi ('First Appellate Court') in RCA No. 19/2020, titled as Sh. Pehlad Rai v. Smt. Tara Devi Thr. LRs and Anr.

(2.) The learned counsel for the Appellant i.e., defendant states that the counter-claimant sought a mandatory injunction against the defendant which can only be granted against a party who is in lawful occupation.

(3.) In reply, learned counsel for the Respondent i.e., counter-claimant states that the suit property, which comprises of six (6) wooden boxes i.e., three (3) wooden almirahs partitioned in two (2) boxes each and the Thada ('suit property' or 'said almirahs') are located in Shop no. 5239, Ghash Mandi, Gali Petiwali, Gandhi Market, Sadar Bazar, Delhi ('said Shop').