MALHAN BUILDERS Vs. DURKHANIE JADRAN

JUDGEMENT

(1.) This Regular First Appeal arises out of a judgment and decree passed by the Additional District Judge, Delhi, whereby the suit filed by the appellant for a permanent prohibitory injunction has been dismissed.

(2.) The suit property comprises a residential building bearing No. S-82, Greater Kailash Part-I, New Delhi. The plaintiffs' case, as set out in the plaint, is that the entire first floor and the front portion of the ground floor of the said building is in their peaceful occupation. The plaint sets out the background in which the said property was acquired by the plaintiffs from the owners thereof and relies upon the document of title allegedly executed in their favour.

(3.) A complete factual narrative and the manner in which the plaintiffs claim to have come in possession of the suit property is, in our opinion, unnecessary for the present, keeping in view the order that we propose to make in this appeal. Suffice it to say that the plaintiffs' claim to be the owners in occupation of first floor of the property and a part of the ground floor as indicated earlier. Their further case is that the defendants are adopting fraudulent, unlawful and criminal methods including.forging title deeds qua the property and are trespassing upon the property with a view to illegally dispossessing the plaintiffs from the same. The plaintiffs further allege that the defendants are trying to sell the property in question by fraudulent means to innocent third parties even when they have no salable right, title or interest in the same. The suit for injunction filed by the plaintiff-appellant in that backdrop prayed for a decree to prevent any such mischief. It sought an injunction restraining the defendants from claiming themselves to be the owners of the suit property or disturbing the possession of the plaintiffs over the same. It also prayed for an injunction directing the respondents not to sell, transfer, alienate or encumber or part with the possession of any part of the property in dispute.