BHATERI DEVI Vs. TARA CHAND (DECEASED)

JUDGEMENT

(1.) This Regular Second Appeal under section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 16th September, 2016 in RCA No.41/16/2003 of the Court of the Additional District Judge-16(C), Tis Hazari Courts] of dismissal of First Appeal under section 96 of the CPC preferred by the appellant against the judgment and decree [dated 26th April, 2003 in Suit No.338/2002 of the Court of the Civil Judge, Delhi] of dismissal of the suit filed by the appellant/plaintiff against the respondents/defendants for permanent injunction restraining the respondents/defendants from interfering with the use and enjoyment of the appellant/plaintiff of the portion shown in red colour in the site plan filed with the plaint of house/property situated within lal dora abadi of village Dichaon Kalan, New Delhi and for further restraining the respondents/defendants from interfering with the appellant/plaintiff raising permanent construction thereon.

(2.) The appeal was entertained and notice thereof issued, though without indicating the substantial question of law if any which the appeal entailed. The suit court record has also been requisitioned. The counsel for the appellant/plaintiff and the counsel for the respondents/defendants have been heard and the suit court record perused.

(3.) The appellant/plaintiff sought injunction, pleading that in a settlement amongst the members of the family to which the appellant/plaintiff and the nine respondents/defendants belonged, the land aforesaid had fallen to the share of the husband of the appellant/plaintiff and as whose legal heir the appellant/plaintiff was in possession thereof.