TARUN SINGHAL Vs. DEVENDER KUMAR AND ORS.

JUDGEMENT

(1.) THIS is an unsuccessful plaintiff's interlocutory appeal directed against the order of the learned Single Judge dated 06.01.2014 denying his application for temporary ad interim injunction, in a pending suit for declaration, permanent injunction. The permanent injunction claimed is in respect of possession of the suit property.

(2.) THE plaintiff claims and averred to his acquiring title - and possession - over a 300 square yard industrial plot (described as No. 143/1012, Village Kanjhawala, Delhi - hereafter "suit property") from one Jagjit Singh. The right, title and interest to the said suit property, it is said, had been conveyed through a registered sale deed dated 21.09.2006. He claims peaceful and continuous possession over the suit property as well, ever since. The vendor, Jagjit Singh, according to the plaintiff, in turn, was attorney of the property, by virtue of a deed of power of attorney dated 15.07.2002, said to have been executed by Devender Singh (arrayed as the first defendant in the suit -and the first respondent here). The plaintiff contended that he constructed a boundary wall on the plot, in 2007 to protect the suit property. According to him, Devender Singh had attempted to trespass into the suit property then. Alleging that he found some building material on the suit property when he visited it on 14.04.2013, which belonged to the first defendant, he complained to the authorities. He also alleged that on 20.08.2013, the first defendant along with his associates threatened the plaintiff and asked him to leave the spot, or else he would be eliminated. In the meanwhile, he claimed that he became aware of a decree dated 13.01.2010, in CS (OS) 1413/2009, (Joginder Singh and Anr. v. Devender Kumar & Ors), and, therefore, approached the Court seeking declaration that the decree was void and not binding upon him; he also sought permanent injunction.

(3.) THE Single Judge was of the opinion that the plaintiffs (a) inability to produce any document prima facie disclosing legitimate right of his vendor over the suit property and (b) non -disclosure of any document or material to establish, prima facie, the plaintiffs possession, disentitled him to any ad interim injunctive relief. She was also of the opinion that given the holding in Suraj Lamp & Industries (P) Ltd. v. State of Haryana : 2012 (1) SCC 656, unregistered power of attorney documents could not be prima facie said to amount to documents of title.