ROHIT GUPTA Vs. ANAND PRAKASH GUPTA

JUDGEMENT

(1.) A suit for permanent and mandatory injunction has been filed by the plaintiff claiming to be the owner/occupant of the portion of the ground floor of property No.99-A, Kamla Nagar, Delhi-110 007. A site plan has been filed in which the portion of the ground floor owned by the plaintiff is demarcated in 'Blue' while the common area is demarcated in 'Red'. The defendant is the owner of the remaining portion of the property. Such remaining portion consists of balance portion on the ground floor, first floor and the second floor of the property.

(2.) The occasion to file the suit arose as, according to the plaintiff, the defendant had represented that he wanted to demolish the ground floor portion purchased by him, including the common portion shown in 'Red' besides the upper floor, with a view to raise massive constructions consisting of the basement and three-storied structure thereon and to convert the property into a commercial market. The plaintiff was objecting to the same as the building is stated to be more than 60 years old. The plaintiff also states that the defendant ought to apply for necessary sanction/permission for raising new construction. Not only that, the plaintiff claims that the defendant can have no right to construct any portion marked in 'Red', that being the common area.

(3.) The plaintiff has made the following prayers in the suit: