SAT PRAKASH GOYAL Vs. PUSHPA BAHEL & ANR

JUDGEMENT

(1.) CM No. 6088/2015 (Exemption)

(2.) Sat Prakash Goyal claimed that Pushpa Behal and Amarawati were the erstwhile owners of the property which is an old haveli constructed single storey having high of the roof more than 18 ft bearing no. 136, situated at Kucha Ghasi Ram, Chandni Chowk, Delhi. Pushpa Behal and Amarawati desired to sell the said tenanted premises to Sat Prakash Goyal and thus by virtue of a Sale Deed dated 22nd March, 2003 duly registered with the office of Sub-Registrar North, Delhi, the right, title and interest qua the suit property were transferred in favour of Sat Prakash Goyal. Since the roof of the suit premises was in extremely dilapidated and dangerous condition Sat Prakash Goyal installed a fresh roof of tin sheet on the property. However, Pushpa Behal and Amarawati threatened Sat Prakash Goyal and demanded removal of the roof. In the light of these threats the Petitioner filed a suit seeking declaration, mandatory and permanent injunction.

(3.) In the written statement Pushpa Behal and Amarawati claimed that the Sale Deed was executed with Sat Prakash Goyal in the year 2003 but the same was in respect of a shop on the ground floor without its roof rights and the portion over and above the shop was residential and belonged to Pushpa Behal and Amarawati exclusively. The property comprises of two floors, that is, ground and first floor and the Sale Deed clearly described the property sold as "one shop, ground floor of 137 sq. ft part property 136, Kucha Ghasi Ram".