POMEY PLASTIC WORKS Vs. GULSHAN ARORA

JUDGEMENT

(1.) The present appeal arises out of the Trial Court's judgment dated 11th February, 2013 by which the suit of the Respondent/Plaintiff (hereinafter, "Plaintiff") was decreed in the following terms:

(2.) The Plaintiff Sh. Gulshan Arora is the exclusive absolute owner of an industrial plot no.A-79, G.T. Karnal Road Industrial Area, Delhi-110033 admeasuring 453.33 sq. yds, . allotted by the DDA. The manner in which the Plaintiff acquired ownership is set out in paras 1 to 3 of the plaint. No dispute as to the title of the Plaintiff in the suit property, has been raised in the present appeal.

(3.) According to the plaint, the Appellant/Defendant - M/s Pomey Plastic Works (hereinafter, "Defendant") took on rent a hall and one Miani on the Ground Floor in the suit property vide written agreement dated 1st December, 1979 from the previous owner M/s Suraj Auto Industries. According to the Plaintiff, the Defendant has no right in respect of any other portion of the property except the yellow portion as per the site plan attached with the plaint. The Plaintiff claimed that the Defendants started making additional alterations in the property and built two stores in the empty area appurtenant to hall which was rented to him. The Plaintiff then complained to the Municipal Authorities and they were demolished. It is further claimed that the Defendant again illegally constructed the said demolished stores and the Plaintiff has filed a separate eviction petition in respected of the tenanted property.