UPINDER KAUR MALHOTRA Vs. GURMEET MALHOTRA

JUDGEMENT

(1.) Regular First Appeal has been preferred under Sec. 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC), against the Judgment and Decree dtd. 12/9/2025 passed by the learned Senior Civil Judge-cum-Rent Controller, New Delhi whereby the Suit of the Plaintiffs for Mandatory and Permanent Injunction, was decreed against the Appellant/Defendant.

(2.) The Plaintiff filed a Suit CS SCJ No. 274/2022 titled "Surjit Singh Malhotra through Power of Attorney holder vs. Upinder Kaur Malhotra" for Mandatory and Permanent Injunction, for directing the Appellant to remove herself from the first floor of the Suit Property, and restraining her from causing interference in the peaceful occupation of the respondent and also for damages/mesne profits.

(3.) The facts in brief, are that the respondent and her late husband Sh. Surjit Singh Malhotra Plaintiff No. 1, (since deceased on 26/1/2024) were the owners of property bearing No. F-8/11, Vasant Vihar, New Delhi-110057, admeasuring 415 sq. yds., (hereinafter referred to as suit property) by virtue of a registered Conveyance Deed dtd. 28/12/1999. The Suit Property comprises of ground floor, first floor and second floor.