RAMNATH EXPORTS LIMITED Vs. VINITA MEHTA

JUDGEMENT

(1.) This appeal arises out of the judgment and decree dated 15.12.2001 passed by the Civil Judge (S.D.) Dehradun in O.S. No.953 of 1990 "M/s Ram Nath Exports Limited Vs. Smt. Vinita Mehta and another"?, whereby the Trial Court had dismissed the suit of the plaintiff which was for injunction.

(2.) In the plaint filed by the plaintiff which was registered as Original Suit No.953 of 1990 before the Civil Judge, Dehradun "M/s Ram Nath Exports Limited Vs. Smt. Vinita Mehta and another"?, it was alleged that the plaintiff is a private limited company registered under the Indian Companies Act, having its registered office at A-25 Hauz Khas, New Delhi and Shri Radhey Lal, is the Managing Director of the Company who has been authorized to sign and verify the plaint. It was alleged that the plaintiff had purchased the property which is earlier known as "Wins Cottee Cottage"?, which is a land, tin shed and main building, situated at Camel's Back Road, Mussoorie measuring about 0.90 acres from one Kanwar Ghanshyam Singh, Smt. Sarla Singh and Shri Jagdip Singh by sale deed dated 28.05.1982 which was duly registered in the office of the Joint Sub Registrar, Mussoorie on 31.05.1982. It was further alleged in the plaint by the plaintiff that he had purchased a land measuring about 0.50 acres from Kanwar Ghanshyam Singh by a sale deed dated 05.05.1982. The plaintiff has exclusive peaceful possession of the aforesaid two properties.

(3.) Thereafter a case was set up by the plaintiff that one property known as "North View Villa Estate"? situated at Camel's Back Road, Mussoorie was in the ownership of Smt. Wilfred Maud Broucke, who had sold this property to one Shri S.R. Rao who in turn sold a portion of the said property to Shri Bihari Lal Kapur vide sale deed dated 15.01.1942. After the purchase of the property, the name of the property was changed from "North View Villa Estate"? to "Prem Niketan"?. Subsequently, the defendant no. 1 purchased the said property vide sale deed dated 17.04.1984 from Sri Madan Mohan Kapur and others.