ASHOK ARORA Vs. PRAMOD ARORA

JUDGEMENT

(1.) Late Sh. Piyare Lal Arora was the owner of two properties bearing no.A-173, Gujranwala town, Delhi (hereinafter "residential house') and a shop at plot no.11, Meerdard Road, Gandhi Marg, New Delhi 110002 (hereinafter 'shop'). He had two sons and two daughters. Sh. Ashok Arorathe Appellant/Plaintiff (hereinafter, "Plaintiff") is the elder son and Sh. Pramod Arora - the Respondent/Defendant (hereinafter, "Defendant") is the second son of late Sh. Piyare Lal Arora. The daughters Smt. Meera Madan and Smt. Aruna Dhingra were both married and one of them is a widow.

(2.) The subject suit for permanent injunction was filed by Sh. Ashok Arora - the Plaintiff against his brother Mr. Pramod Arora seeking an injunction restraining the Defendant from interfering with the Plaintiff's rights to carry out construction over the First Floor in the residential house and also seeking possession of the area of the shop above the Ground Floor. The reliefs prayed for are as under:

(3.) The case of the Plaintiff is that the father of the parties, as per his Will dated 4 th December, 1992 had bequeathed the Ground Floor of the residential house and the shop, in favour of the Defendant. The First Floor and the right to raise construction thereupon was bequeathed in favour of the Plaintiff. The Plaintiff is in possession of the First Floor of the residential house and sought to raise construction above the First Floor which was not permitted by the Defendant. Further, the Plaintiff also stated that the Defendant had constructed above the Ground Floor of the shop which had fallen in the share of the Plaintiff hence the filing of the suit.