YUDHVIR SINGH Vs. DHARAMVIR

JUDGEMENT

(1.) IA No.9303/2013 (Order VI Rule 17 CPC) by Plaintiff

(2.) THIS suit for permanent injunction was filed by the Plaintiff initially against Defendants no.1 to 3 with the averments that the Plaintiff is absolute owner of property measuring 3157 sq. yds comprising Khasra no.263, Village Chattarpur, New Delhi which was purchased by the Plaintiff from one Yadram on the basis of various documents including Agreement to Sell and General Power of Attorney. Entire sale consideration having been paid to the earlier said Yadram, the physical possession of the suit property and also the original documents executed by one Bhagwat Singh in favour of Yadram was also handed over to the Plaintiff. Defendants no.1 and 2 are the sons of said Bhagwat Singh. It is the case of the Plaintiff that on 24.09.2008, it transpired that Defendant no.3 in conspiracy and at the behest of Defendants no.1 and 2 visited the suit property and wanted to grab the suit property. Again, an attempt was made by the Defendants on 28.09.2008 to take possession of the suit property forcibly.

(3.) DEFENDANT no.3 in his written statement took up a plea that the suit has been filed by the Plaintiff in collusion with Defendant no.1. It has been stated that Defendant no.3 is in possession of 1500 sq. yds of the suit property and the remaining of the property is in possession of other persons who have not been impleaded as a party. Since the property was claimed by Defendant no.3 from Yadram, by an order dated 12.09.2011 he was ordered to be impleaded as a party.