BIJENDER SINGH Vs. CHANDER BHAN

JUDGEMENT

(1.) Regular First Appeal under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC ') has been filed on behalf of the Appellant/Plaintiff against the Judgment and Decree dtd. 25/10/2025 whereby the Suit of the Plaintiff/Respondent for Mandatory Injunction for directing the Appellant/Defendant and his family to remove their belongings from the Suit property and for Permanent Injunction for restraining the Defendant/Appellant from creating any third party right in the Suit property, has been decreed by the learned District Judge.

(2.) The Plaintiff had filed a Civil Suit No. CS DJ 807/2019 for Mandatory and Permanent Injunction for removing the Defendant from the Suit property and for Permanent Injunction from creating third party rights in the Suit property.

(3.) The facts in brief, are that the Plaintiff had acquired property bearing No. E-87, Dharampal Colony, Aali Vihar, Sarita Vihar, New Delhi (hereinafter referred to as suit property), on the basis of GPA/Agreement to Sell and Affidavit dtd. 12/4/1994 from the erstwhile owner, Dharam Vir Singh. He is in possession since the said date i.e. 12/4/1994 and exercising exclusive rights of ownership in the Suit property.