TARUN SINGHAL Vs. DEVENDER KUMAR

JUDGEMENT

(1.) BY this application the Plaintiff seeks interim injunction against the Defendants restraining them from dispossessing the Plaintiff from the portion measuring 200 sq. yards as shown in red colour in the site plan of the suit property and also restraining the Defendants, their agents etc. from raising any further construction over a portion measuring 100 sq. yards as shown in colour yellow in the site plan forming part of the suit property till the disposal of the suit.

(2.) IT is contended by the learned counsel for the Plaintiff that the Defendant No. 1 Devender Singh in his complaint dated 16th June, 2009 has himself admitted that he had sold the suit property to Shri Jagjit Singh from whom the Plaintiff had purchased the same. He also admitted in the complaint that he would be filing proceedings for cancellation of the documents however, no such proceedings have been filed. In view of the admission of Defendant No. 1 Devender Kumar in the complaint dated 16 th June, 2009 the Plaintiff being in possession of the property, the Defendants are required to be restrained from dispossessing the Plaintiff from 200 sq. yards in the possession of the Plaintiff and further restrained from constructing on 100 sq. yards possession of which they have forcibly taken from the plaintiff. Admittedly the boundary wall on the said property was got constructed by the Plaintiff as there is an admission in the complaint dated 16th June, 2009 that there was no boundary wall. Hence it is sufficient to prove that the Plaintiff was in possession of the suit property. Further in the complaint it is also admitted that in April, 2007 one Shri Mahabir Singhal, that is, the father of the Plaintiff started putting building material.

(3.) I have heard learned counsel for the parties.