VIJAY KUMAR SETHI Vs. MANAK CHAND AND ORS.

JUDGEMENT

(1.) The present second appeal is directed against the judgment & decree dated 18.08.2015 passed by the First Appellate Court, namely the learned Additional District & Sessions Judge (Central), Tis Hazari Courts, Delhi in RCA No. 50/2014 preferred by the appellant/ defendant No. 4 in the suit. The First Appellate Court has dismissed the said first appeal preferred by the appellant to assail the judgment and decree passed by the Trial Court, namely the learned Civil Judge, Delhi in Suit No. 14/2004. By the said judgment, whereby the suit of the respondent No. 1/ plaintiff was decreed.

(2.) Respondent No. 1/ Sh. Manak Chand Jain, the original plaintiff had filed the said suit impleading his three brothers as defendants No. 1 to 3, the appellant along with his two other brothers and sister as defendants No. 4 to 7, Municipal Corporation of Delhi through Delhi Electricity Supply Undertaking (DESU) as defendant No. 8, and one Rajesh Kumar Khurana as defendant No. 9 to seek the relief of mandatory and perpetual injunction.

(3.) The said suit had been filed on the premise that the property bearing No. 43 -44, Chandni Chowk was partitioned between him and his three brothers, i.e. defendants No. 1 to 3 by virtue of an award, which was made a rule of the Court by the learned Sub -Judge, First Class, Panipat on 11.06.1965 and a final decree for partition was drawn up. By virtue of the said partition, the plaintiff had become the owner of a specific portion of the suit property, while certain other portions were left common. Certain portion on the first floor fell to the share of the plaintiff, who became the exclusive owner thereof. The plaintiff claimed that there was a staircase leading from the ground floor to the first floor from the main Chandni Chowk, which was kept as a common property of the plaintiff and defendants No. 1 to 3. The plaintiff used the said staircase to access the first floor portions exclusively belonging to the plaintiff.