JASWANT SINGH Vs. BIMLESH DEVI

JUDGEMENT

(1.) This Regular Second Appeal is filed by the appellant/defendant under section 100 of the Code of Civil Procedure, 1908 (CPC) impugning the concurrent judgments of the courts below; of the Trial Court dated 25.11.2014 and the First Appellate Court dated 12.10.2015; by which the courts below have decreed the suit for injunction filed by the respondent/plaintiff and has restrained the appellant/defendant from in any manner interfering with the property of the respondent/plaintiff of 400 sq. yards comprised in Khasra no. 48/4, Mange Ram Park, Phase-I, Village Pooth Kalan, Delhi, and which property of 400 sq. yards includes the seven and a half feet wide gali shown at points A, B, C and D in the site plan of the respondent/plaintiff Ex.PW1/A.

(2.) The facts of the case are that the respondent/plaintiff was originally the owner of 500 sq. yards of property situated in Khasra no. 48/4. Respondent/plaintiff by the set of documents dated 12.5.1998, Ex.PW1/D1 to Ex.PW1/D6, transferred rights in 100 sq. yards out of 500 sq. yards to the appellant/defendant. Appellant/defendant claims that on purchase of rights as per the documents Ex.PW1/D1 to Ex. PW1/D6, appellant/defendant also had rights in the disputed gali although the disputed gali does not form part of the 100 sq. yards transferred under the documentation dated 12.5.1998 to the appellant/defendant.

(3.) The sole issue calling for determination in the present regular second appeal is whether the appellant/defendant by virtue of the documents dated 12.5.1998, was given legal rights in the disputed gali.