MAHABIR SINGH Vs. SARTI DEVI

JUDGEMENT

(1.) -This is plaintiff's appeal against the judgment and decree of Additional District Judge Gurgaon, reversing in appeal the judgment and decree of the trial court dated 23.5.1977.

(2.) Plaintiff filed a suit for permanent injunction restraining the defendants from obstructing the construction by the plaintiff over the suit property otherwise than in due course of law. Brief facts leading to the filing of the suit are as under :

(3.) One Gopi was owner of the properties now owned by the plaintiff and defendant Nos. 2 to 9. Vide gift deed Exhibit P.W. 3/ 1 dated 27.5.1960, he transferred the ownership of the house in favour of Dhani Ram deceased, predecessor-in-interest of defendant Nos. 2 to 9. Another house owned by Gopi Ram was situate adjoining the house transferred to Dhani Ram towards north. This house was in possession of the plaintiff Mahabir and others at the time of execution of gift deed. Gopi Ram bequeathed his remaining property including the property in dispute by means of Will Exhibit P.W. 3/2 dated 12.10.1963 in favour of Deep Chand. Deep Chand sold this house to Mahabir etc. vide sale deed dated 15.3.1965, Exhibit P-1. The area of the house as per sale deed Exhibit P-l was 33-1/2' and 33-1/2' and it comprised of two rooms, Dalan and Chowk. Towards the north of this house was a plot of land measuring 14' x 33-1/2'. It is this site which is subject matter of dispute between the parties. Plaintiff laid claim to this plot on the ground that earlier he sought permission from the Notified Area Committee, defendant No. 1, for reconstruction and the site plan was approved. However, as per case set up by the defendants the disputed plot forms part of public street and so plaintiff has no right to construct the same.