DELHI TOWERS LIMITED AND OTHERS Vs. JAI CHAND

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree dated 28.09.2013 passed by the learned Additional District Judge, Gurgaon, vide which the appeal preferred against the judgment and decree dated 19.01.2013, passed by the learned Civil Judge (Jr. Division), Gurgaon has been dismissed.

(2.) The plaintiff-company has filed the suit for permanent injunction restraining the defendant, his accomplices, agents and other persons from taking the forcible possession, dispossessing the plaintiffs and causing loss to the club and office buildings and interfering in the peaceful use and enjoyment thereof by the plaintiffs by locking the said buildings, obstructing the day to day running of club and offices.

(3.) The plaintiff-company has purchased considerable portion of land situated in the revenue estate of village Raisina, Tehsil Sohna, District Gurgaon more than 15 years back. After the said purchase, they leveled the land, craved out the roads and developed the area under the name "Aravali Retreat". Various farm houses were constructed by them which were separated by means of barbed wife, 'pakka' boundary walls and some of them have been sold by the plaintiffs to the third parties. The major portion of the land purchased by the plaintiff-company is comprised of Khewat No. 57 measuring 2445 kanals and 8 Marlas. They have constructed the club building and office complex in rectangle no. 50, Killa No. 4, 5, 6, 16, 25 and rectangle No. 51, Killa No. 1, 10, 11, 20, 21 about 15 years back. They have constructed these buildings openly, peacefully and with the knowledge of all the concerned and none had ever objected to these acts of the plaintiffs. They have also obtained the electric connections and telephone numbers. It is further pleaded that defendant is threatening to forcibly lock their club and office buildings and is adamant to interfere in the day to day working of the club. He wants to forcibly dispossess the plaintiffs on the ground that he has purchased 978/ 48908 share in the joint land of rectangle no. 50 and 51 from one Brijesh son of Hem Singh vide sale deed dated 06.02.2007. Hence this suit.