DALIP RAJ Vs. VIJAY KUMAR PURI AND ORS.

JUDGEMENT

(1.) GOPAL Dass Puri predecessor in interest of the plaintiff, namely Dalip Raj purchased portion of a house bounded towards north by well, vacant property of Gopal Dass Puri towards south by house of Gulam Farid Khan now in possession of Ram Ji Dass and Chaman Lal towards east by "rasta" and towards west by property of Maya Devi purchased vide sale deed dated 14.10.1946 (Exhibit P/3). Plaintiff -Dalip Raj claims to have inherited property from said Gopal Dass Puri and that the defendants/respondents who have no concern with the property in dispute encroached upon it and raised illegal construction somewhere in the year 1981. He, therefore, filed a suit for mandatory injunction to direct the respondents to demolish the "unauthorised" construction statedly raised on portion shown as GHIO and IODCJ of the house and northern compound demarcated as ABCD -GHIK -KLMN as shown in the site plan (Exhibit P/1) attached with the plaint. In the alternative, he sought possession of the suit property from the respondents. In addition, a decree of perpetual prohibitory injunction to restrain the defendants/respondents from raising construction of any kind over the suit property was also sought.

(2.) TO seek the aforestated reliefs averments as hereinbefore stated were made in the body of the plaint. Suit of the appellant was resisted by the respondents by filing written statement wherein, while denying all the allegations of the plaint, it was stated that the property under their occupation did not belong to the appellant and as such there was no reason to grant a decree of possession or mandatory injunction or perpetual prohibitory injunction. It was also stated in the written statement that the respondents are exclusive owners in possession of the property under their occupation and construction thereon was in existence for more than 12 years preceded filing of the suit. Preliminary objections with regard to locus -standi of the appellant and valuation of the suit property were also pleaded.

(3.) ) Relief.