DELHI DAYALBAGH CO OPERATIVE Vs. MAHENDRA KUMARI

JUDGEMENT

(1.) This is an application for injunction filed by the plaintiff seeking direction against defendant No. from stopping all construction activities on the property bearing No.B-19, Soami Nagar. New Delhi without a sanctioned plan. The first defendant has filed IA.212/96 under Order 39 Rule 4 Civil Procedure Code for vacating the ad interim injunction granted by this Court.

(2.) The case of the plaintiff is that one Beli Ram Khera. who was member of the plaintiff society was allotted plot No B-19on 26.5.1969. Hedied on 5.12.75. Beli Ram Khera nominated Prem Kumar Khera. There was a Will by Beli Ram Khera on 3.11.75 in and by which he had bequeathed his rights 111 favour of the first defendant. As per the rules and bye-laws of the Society the first defendant did not become a member of the Society and any construction that is made by her in the property, without the permission of the Society is not legal and she had also not obtained the sanction from the Municipal Authorities. Therefore, there should be an injunction restraining the first defendant from putting up any construction in the plot. The first defendant filed written statement and also reply to the application contending, inter alia, that she obtained a sanctioned plan on 21.3.94 and a certificate in Form "C" was issued by the M.C.D. on 27.11.95 wherein it has been noticed "certified that the above work has been accepted and approved on the basis of certificate of the licensed Architect/Engineer/Supervisor on 20.9.88 the Society itself had issued a certificate in the following terms :-

(3.) In November 1977 she wrote a letter to the Society in the following terms