SUNITA DEVI Vs. ROOP RAM & ANR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the defendant no.1 in the suit impugning the order of the trial court dated 23.1.2013 by which the trial court has allowed the amendment application filed by the respondent no.1/plaintiff. By the amendment, the respondent no.1/plaintiff has been allowed to file an amended site plan with respect to the suit property and also to claim the relief of possession with respect to the area illegally encroached upon by the petitioner/defendant no.1.

(2.) The original suit which was filed was a suit for mandatory injunction. As per the original suit/plaint, the respondent no.1/plaintiff prayed for a mandatory injunction for directing the petitioner/defendant no.1 to remove the illegal and unauthorized construction in the encroached area of the property of the respondent no.1/plaintiff situated in khasra no.129/1, Village Nankhera, Tehsil Mehrauli, New Delhi.

(3.) The sum and substance of the original suit/plaint was that the respondent no.1/plaintiff claimed to be the owner of the 1/4th share of the suit plot admeasuring 1000 sq. yds. in khasra no.129/1, Village Nankhera, Tehsil Mahrauli, New Delhi, and as per the plaint, the petitioner/defendant no.1 encroached the area of 30 sq. yds. belonging to the respondent no.1/plaintiff, with respect to which the relief of mandatory injunction to remove the unauthorized construction was prayed.