SHAKUNTALA Vs. MURTI DEVI

JUDGEMENT

(1.) The appellants have preferred the present appeal under Sec. 104 read with Order XLIII Rules 1&2 read with Sec. 151 of the Code of Civil Procedure, 1908 ['CPC'] thereby assailing the interim order dtd. 28/6/2023 passed in CS DJ No. 687/2022, whereby the learned Additional District and Sessions Judge-02, North West, Rohini Courts, Delhi ['trial Court'] has been pleased to restrain the appellants from raising any illegal or unauthorized construction in the suit property and also from creating any third party interest therein, till the disposal of the suit.

(2.) Briefly stated, the respondents/plaintiffs have filed a suit seeking possession of the suit property claiming that they are the owner and Bhoomidar thereof having an acquired right, title and interest in the suit property through their ancestors. It is not necessary to go through the family tree, which has been pleaded by the respondents, and suffice to state that the appellants have trespassed into the suit property admeasuring 250 sq. yards sometime in the year 2021, regarding which some police complaints were filed but no action was taken. It is claimed by the respondents that legal notice was given to the appellant No.1 calling upon her to handover the possession of the suit property but neither the possession has been handed over nor any rent/ damage charges have been paid. Hence, reliefs seeking possession of the suit property as also for payment of the damage charges w.e.f. January, 2022 @ Rs.1,00,000.00 per month has been sought.

(3.) Suffice to state that the appellants have denied the assertions made by the respondents and they have claimed that they are in possession of the suit property since 1979 in their own rights.