KAMLESH Vs. DILBAGH SINGH AND ORS

JUDGEMENT

(1.) The plaintiff has instituted the present suit against the defendants (husband and wife) praying inter alia for a decree of permanent injunction, restraining them from interfering in her peaceful possession, occupation and usage of the suit premises, i.e., plot measuring 500 sq. yards comprised in Khasra No.280 (1-01) and 281 (0-10), situated in the extended Lal Dora Abadi of village Mitraon, New Delhi, as shown in red colour in the site plan (PW-1/2).

(2.) As per the averments made in the plaint, the plaintiff was interested in purchasing a parcel of land in village Mitraon. Defendant No.1 had approached the plaintiff offering to sell his plot of land to her by representing that the said plot is situated in the extended Lal Dora Abadi of the subject village. After settling the terms of sale, the plaintiff had agreed to purchase the subject land for a total consideration of Rs. 20 lacs. Thereafter, a Sale Deed dated 09.12.2010 was executed by the defendant No.1 in favour of the plaintiff and it was duly registered in the office of the Sub Registrar-IX. A copy of the Sale Deed has been filed by the plaintiff and is marked as Ex.PW1/3.

(3.) Learned counsel submits that the cause of action for instituting the present suit arose when after execution of the Sale Deed and upon taking over possession of the suit property, the plaintiff had planned to undertake construction activity on the subject land. However, on 26.07.2011, she was accosted by the defendant No.2 (wife of the defendant No.1/vendor), who was accompanied by some relations. Defendant No.2 had picked up a fight with the plaintiff and had threatened her that she would not permit her to raise any construction or undertake any activity on the subject land. The defendant No.2 had also asserted that at the time of executing the Sale Deed in respect of the subject land her husband, the defendant No.1 had not consulted her or the other family members.