JUGAL KISHORE Vs. ROSHAN LAL AND ANOTHER

JUDGEMENT

(1.) C.M. No. 20665 of 2017 (exemption)

(2.) This Execution First Appeal has been filed by the appellant/objector/Sh. Jugal Kishore impugning the judgment of the executing court dated 10.3.2016 which has dismissed the objections filed by the appellant/objector claiming ownership rights in the suit property bearing no.1200, Gali Mata Wali, Najafgarh, New Delhi, situated on a plot of 120 sq. yds. Execution petition is filed by the respondent no.1/plaintiff/decree holder of the judgment and decree dated 24.5.2007 of possession of the suit property passed against respondent no.2/defendant/judgment debtor.

(3.) The facts of the case are that the respondent no.1 herein/ Sh. Roshan Lal has filed against the respondent no.2/Smt. Surekha Rani subject suit for possession and mesne profits with respect to the suit premises. In the suit plaint, it was pleaded that the suit property belonged to Sh. Mehnga Ram, father of the respondent no.1/plaintiff, and Sh. Mehnga Ram had allowed his two brothers, namely Sh. Sohan Lal and Sh. Mohan Lal to be in permissive user of the suit property. The respondent no.2/defendant/judgment debtor/Smt. Surekha Rani is the daughter-in-law of Sh. Sohan Lal. It was pleaded in the suit that the family of Sh. Sohan Lal comprised of his son Sh. Hira Lal and daughter-in-law Smt. Surekha Rani. Sh. Hira Lal died on 16.6.1998 and Smt. Surekha Rani shifted to Moga in Punjab after re-marriage on 18.3.2001. Sh. Sohan Lal, who was said to be in the permissive user of the suit property died on 1.6.2002 and since then the suit property is lying vacant. Since Sh. Sohan Lal and Smt. Surekha Rani falsely claimed rights in the suit property, respondent no.1/plaintiff/Sh. Roshan Lal had filed an earlier suit for injunction against Sh. Sohan Lal and Smt. Surekha Rani on 19.4.2001 and which was decreed on 28.7.2005 in favour of the respondent no.1/Sh. Roshan Lal, the plaintiff in that other injunction suit. As per the judgment dated 28.7.2005 passed in civil suit no.166/04/01, the defendants in that suit, who were Sh. Sohan Lal and Smt. Surekha Rani were injuncted from in any manner transferring the suit property.