TARUN BATRA AND ORS. Vs. ROOPA SOOD

JUDGEMENT

(1.) IA No. 20773/2013

(2.) THE suit is filed by the plaintiff seeking a decree of permanent injunction to restrain the defendant, etc. from carrying out construction or demolition of the nature set out in paragraph 5 of the plaint in the ground floor of the property bearing No. A -262, Ground Floor, Defence Colony, New Delhi. Other reliefs are also sought. The plaintiff is the owner of the first floor of the said property. The property is now a commercial property.

(3.) THE defendant has filed her written statement. It is urged that the averments made in the plaint are bald and there is no shred of evidence to show removal of walls. Photographs have been filed to urge and show that there are no walls as claimed by the plaintiff right since 2008. The ground floor it is urged had been used as a showroom for cars and cars were parked in the hall area. It is further urged that the structure is structurally safe. The suit premises, it is stated, was purchased by the defendant on "as is where is basis". The same was initially leased out to an auto showroom -M/s. Continental Auto Services from 01.07.2008 to 31.03.2010. Thereafter the suit premises was leased out from 27.06.2010 to 30.06.2013 to a restaurant, namely, Yoko Sizzlers. There has been a hall as is clear, it is stated, from the photographs and no alterations have been carried out in the suit premises. The site plan, it is urged, filed by the plaintiff is a fabricated document. Reliance is also placed on the report of the Local Commissioner who did not find any construction material or fresh construction activity on the suit premises to claim that the allegations made in the plaint about illegal construction being done are absolutely false. The defendant has also filed her reply to the application reiterating the averments made in the written statement as above.