LAWS(DLH)-1999-11-30

SADHNA BHATNAGAR Vs. SITARAM BHANDAR SOCIETY

Decided On November 12, 1999
SADHNA BHATNAGAR Appellant
V/S
SITA RAM BHANDAR SOCIETY Respondents

JUDGEMENT

(1.) This is a suit for perpetual injunction filed by the plaintiff seeking injunction to restrain the defendants from interfering in the possession, enjoyment of the right of construction of the plaintiff in respect of plot No. 243, measuring 186.67 sq.yds., the land allotted to Dayanand Cooperative House Building Society Ltd.

(2.) The plaintiff's case is that she is the absolute owner of the property and of the plot and has been granted perpetual lease in her favour by the Delhi Development Authority. The plaintiff on the basis of building plans sanctioned by the Delhi Development Authority sought to raise constructions thereon.

(3.) The defendants 1 to 3 on 10.4.1998 came to the site with 10 persons and told the plaintiff not to carry out construction until she paid Rs. 1 lac to the defendants. The plaintiffs stopped the construction. The defendants 1 to 3 it is alleged indulge in these illegal tactics and extort money. The plaintiff did not get any help from the police to whom she complaint. The plaintiff was thus constraint to file the present suit. By an ex-parte order passed on 22.4.1998 defendants were restrained from interfering in any manner in the possession and right of construction of the plaintiff in the suit property. Vide order dated 28.5.1998, construction, if any, carried out was made subject to the final order of this Court.