MOKUL INTERNATIONAL LTD. & ANR. Vs. VEENA PAINTAL

JUDGEMENT

(1.) THIS Regular Second Appeal is filed against the concurrent judgments of the courts below; of the trial court dated 22.2.2010 and the first appellate court dated 31.01.2012; by which the suit filed by the respondent/plaintiff for permanent and mandatory injunction and mesne profits was decreed by granting the following reliefs: -

(2.) A decree of permanent injunction is hereby passed in favour of the plaintiff, thereby permanently restraining the defendants from using the unbuilt area of the suit property and for permanently restraining the defendants for using the built area of the suit property for any commercial purpose or for any purpose other than residential.

(3.) I have gone through the Agreement to Sell dated 25.03.1991 (Ex. PW -1/3), and found that the transfer of interest by the same was only in the constructed area/third floor/barsati floor comprising of 1110 sq. ft. and the agreement is not for the additional adjoining area of 1140 sq. ft. The relevant portion of this Agreement showing the transfer of interest which is the subject matter of the Agreement reads as under: -