MANOJ KUMAR GUPTA Vs. RAKESH KUMAR JINDAL

JUDGEMENT

(1.) This is plaintiff's application under Order 39 Rules I and 2 read with Section 151 of the Code of Civil Procedure (for short "C.P.C.") seeking directing against the defendants for demolition of the portion, alleged to have been constructed after the passing of the order of status quo.

(2.) On 26th August, 1993, the plaintiff filed suit seeking injunction against Rakesh Jindal, defendant No. 1 not to construct the first and second floor of the rear portions of premises House No. W-106, Greater Kailash-1, New Delhi without mutation or probate and without proper sanction of site plan and except with due process of law. Plaintiff also prayed injunction against defendant No. 1 not to break/damage the stair case. No relief was claimed against the second defendant, namely, Vinay Kumar Jindal. Other two defendants impleaded in the suit are, Commissioner, and Zonal Engineer, Municipal Corporation of Delhi.

(3.) It was alleged that plot bearing No. W-10 was purchased by Om Prakash Gupta, plaintiff's uncle from D.L.F, Housing and Construction Pvt. Ltd., who died in the year 1985. Before his death, Om Prakash Gupta had got a building plan sanctioned from Municipal Corporation of Delhi and also built up a single storey house in the year 1963-64. It was also alleged that Om Prakash Gupta was married to one Smt. Shakuntla Devi but the said property had devolved upon the three nephews of Om Prakash Gupta, namely, plaintiff and defendants 1 and 2 on the basis of a will, alleged to have been executed by 0m Prakash Gupta on 30th September, 1981. As per the Will, Shakuntia Devi has a right to reside in the house without any title in the property. Shakuntia Devi was not impleaded initially as party. Along with the suit the plaintiff filed an application (IA.7593/93) for temporary injunction restraining defendant No. 1 not to carry on construction activity without,proper sanctioned plan.