SMT. JAVITRI DEVI Vs. SANJAY KUMAR WASIST

JUDGEMENT

(1.) The present appeal is directed against the judgment and decree dated 7.9.2016 passed by the learned Additional District Judge, Faridabad affirming the findings recorded by learned trial Court vide judgment and decree dated 15.1.2013 vide which, suit of the appellant plaintiff for declaration and permanent injunction was dismissed.

(2.) The appellant- plaintiff (hereinafter referred to as 'the plaintiff) filed a suit for permanent injunction with a consequential relief of mandatory injunction claiming that she is owner in possession of the double story residential house measuring 224 Sq. yards i.e. 56'x 36' consisting of 18 rooms, varandha, kitchen, stairs and open yard situated within 'Lal Dora' of village Tilpat District Faridabad (hereinafter referred to as 'the house'). She pleaded that she is paying house tax of the said house and had installed electric meter vide account No.DP-12/0383 but it was disconnected by Dakshin Haryana Bijli Vitran Nigal Limited due to non-payment of electricity charges. On 4.12.2005, when she visited her house along with her son Vinod Kumar, she found that the defendants had dismantled the half northern portion of the house illegally though they had no right title or interest in the same. She and her son were also mercilessly beaten by the defendants. On a complaint lodged by her, a First Information Report No.291 dated 4.12.2005 was registered. Again on 30.4.2010 when she visited the house with her grand son Amit, the defendants in collusion with the local police misbehaved with them and threatened and pressurised her to withdraw the complaint. They also got installed an electric meter in the name of one Sanjay Kumar (defendant / respondent No.1) in collusion with the officials of the Electricity Department and locked the house with a chain. With the said pleadings, the plaintiff prayed for an injunctive order restraining the defendants from interfering in her peaceful ownership and possession over the house.

(3.) The respondents -defendants (hereinafter referred to as 'the defendants') contested the suit. In the joint written statement filed by them, they denied the ownership and possession of the plaintiff and submitted that the electric meter installed vide account No.DP-17-4594 is in the name of Sanjay Kumar s/o Ishwar Kumar (defendant No.1), who is paying the electricity charges against the bill raised from time to time by the Electricity Department.