Y.R. Chopra Vs. Shri Kishan Singh and ors. - Court Judgment

Excerpt:
the case dealt with a suit filed for declaration and permanent injunction under rule 1 and 2 of order 39 of the civil procedure code, 1908 - the plaintiff had occupied the premises as tenant and purchased the same through a sale deed thereafter and had got absolute right to use the property as owner and possessor - the evidence was submitted through affidavit - it was held that the evidence was not controverter by the defendants, as they were proceeded ex parte - thus the suit was decreed in favor of the plaintiff - - 3-c/6, new rohtak road, new delhi and thereforee have the absolute right to use and enjoy the same right as owners and possessors thereof. 3-c/6, new rohtak road, new delhi, have absolute right to use and enjoy the suit premises marked abcd in red in the site plan, including their absolute exclusive right to park their cars/vehicles therein. the plaintiffs filed the present suit because from 1st december 1996 without any just or reasonable cause the defendants had started looking the metal gate their by obstructing and denying the plaintiffs their right to use of, and entry into the plaintiffs' property as well as the right to park their vehicles in the suit premises. 3-c/6, new rohtak road, new delhi and thereforee have the absolute right to use and enjoy the same right as owners and possessors thereof. 3-c/6, new rohtak road, new delhi, have the absolute right to use and enjoy the suit premises marked abcd in red in the site plan, including their absolute exclusive right to park their cars/vehicles therein.ordermukul mudgal, j.1.this is a suit filed by the plaintiff for the following reliefs: a) a decree of declaration holding that the plaintiffs no. 1 and 2 are the owners of the 1/4th share each of the undivided share of land in the property no. 3-c/6, new rohtak road, new delhi and thereforee have the absolute right to use and enjoy the same right as owners and possessors thereof. b) a decree of declaration holding that the plaintiffs no.1 and 2 being the owners and possessors of their 1/4th share of the land in property no. 3-c/6, new rohtak road, new delhi, have absolute right to use and enjoy the suit premises marked abcd in red in the site plan, including their absolute exclusive right to park their cars/vehicles therein. c) a decree of perpetual injunction restraining the defendants no. 1 and 2 and the members of their family from interfering in the use and enjoyment of entry and exist of the plaintiffs no. 1 and 2 and the members of their family to their first and second floor properties, and of parking their cars/vehicles in the suit premises marked abcd in red in the site plan, in property no. 3- c/6, new rohtak road, new delhi. 2. the plaintiff's claim is founded on the plea that ever since they occupied the suit property initially as tenants and thereafter as owners, they have been using the portion marked as abcd in red in the map of the suit premises, to enter and exit to and from the first and second floor of their residential properties and also for parking their cars. the plaintiffs filed the present suit because from 1st december 1996 without any just or reasonable cause the defendants had started looking the metal gate their by obstructing and denying the plaintiffs their right to use of, and entry into the plaintiffs' property as well as the right to park their vehicles in the suit premises. 3. the sum and substance of the written statement is that the portion shown as red and marked abcd in the site plan is in exclusive possession of the defendants since the execution of the sale deed dated 29th january 1993 and that the plaintiff are in exclusive possession and occupation of the entrance from the back portion of the property in dispute and are using the said back entrance for ingres and agree since the day of the execution of the sale deeds of the property. 4. the defendants were proceeded ex parte as per the order dated 8th october 1998 passed by this court pursuant to which the affidavits by way of evidence were filed on behalf of the plaintiffs. 5. the plaintiffs by way of affidavit was supported by the testimony all the averments made in the plaint and, in particular, have stated that since the residential property was on tenancy initially and thereafter since they had become the owners of the property by registered sale deeds dated 29th january 1993 marked as abcd and marked red in the site plan in respect of the first and second floors of the suit property and also for parking their cars. the evidence of plaintiff no. 2 is also on the same line. 6. after perusing the documents, pleadings and the affidavits filed by the plaintiffs i find that the plaintiffs have substantiated their claim in the suit particularly when and their evidence in support of the averments of the plaint remains uncontroverted. 7. accordingly on the testimony of the tow plaintiffs, the suit is decreed in the following terms: a) the plaintiffs are entitled to declaration that the plaintiffs no. 1 and 2 are the owners of the 1/4th share each of the undivided share of land in the property no. 3-c/6, new rohtak road, new delhi and thereforee have the absolute right to use and enjoy the same right as owners and possessors thereof. b) the plaintiffs are entitled to declaration that the plaintiffs no. 1 and 2 being the owners and possessors of their 1/4th share of the land in property no. 3-c/6, new rohtak road, new delhi, have the absolute right to use and enjoy the suit premises marked abcd in red in the site plan, including their absolute exclusive right to park their cars/vehicles therein. c) the plaintiffs are entitled to a perpetual injunction restraining the defendants no. 1 and 2 and the members of their family from interfering in the use and enjoyment of entry and exit of the plaintiffs no. 1 and 2 and the members of their family to their first and second floor properties, and of parking their cars/vehicles in the suit premises marked abcd in red in the site plan, in property no. 3-c/6, new rohtak road, new delhi. 8. the suit is decreed accordingly which no order as to costs.

Judgment:
ORDER

Mukul Mudgal, J.

1.This is a suit filed by the plaintiff for the following reliefs:

a) a decree of declaration holding that the plaintiffs No. 1 and 2 are the owners of the 1/4th share each of the undivided share of land in the property No. 3-C/6, New Rohtak Road, New Delhi and thereforee have the absolute right to use and enjoy the same right as owners and possessors thereof.

b) a decree of declaration holding that the plaintiffs No.1 and 2 being the owners and possessors of their 1/4th share of the land in property No. 3-C/6, New Rohtak Road, New Delhi, have absolute right to use and enjoy the suit premises marked ABCD in red in the site plan, including their absolute exclusive right to park their cars/vehicles therein.

c) a decree of perpetual injunction restraining the defendants No. 1 and 2 and the members of their family from interfering in the use and enjoyment of entry and exist of the plaintiffs No. 1 and 2 and the members of their family to their first and second floor properties, and of parking their cars/vehicles in the suit premises marked ABCD in red in the site plan, in property No. 3- C/6, New Rohtak Road, New Delhi.

2. The plaintiff's claim is founded on the plea that ever since they occupied the suit property initially as tenants and thereafter as owners, they have been using the portion marked as ABCD in red in the map of the suit premises, to enter and exit to and from the first and second floor of their residential properties and also for parking their cars. The plaintiffs filed the present suit because from 1st December 1996 without any just or reasonable cause the defendants had started looking the metal gate their by obstructing and denying the plaintiffs their right to use of, and entry into the plaintiffs' property as well as the right to park their vehicles in the suit premises.

3. The sum and substance of the written statement is that the portion shown as red and marked ABCD in the site plan is in exclusive possession of the defendants since the execution of the sale deed dated 29th January 1993 and that the plaintiff are in exclusive possession and occupation of the entrance from the back portion of the property in dispute and are using the said back entrance for ingres and agree since the day of the execution of the sale deeds of the property.

4. The defendants were proceeded ex parte as per the order dated 8th October 1998 passed by this Court pursuant to which the affidavits by way of evidence were filed on behalf of the plaintiffs.

5. The plaintiffs by way of affidavit was supported by the testimony all the averments made in the plaint and, in particular, have stated that since the residential property was on tenancy initially and thereafter since they had become the owners of the property by registered sale deeds dated 29th January 1993 marked as ABCD and marked red in the site plan in respect of the first and second floors of the suit property and also for parking their cars. The evidence of plaintiff No. 2 is also on the same line.

6. After perusing the documents, pleadings and the affidavits filed by the plaintiffs I find that the plaintiffs have substantiated their claim in the suit particularly when and their evidence in support of the averments of the plaint remains uncontroverted.

7. Accordingly on the testimony of the tow plaintiffs, the suit is decreed in the following terms:

a) the plaintiffs are entitled to declaration that the plaintiffs No. 1 and 2 are the owners of the 1/4th share each of the undivided share of land in the property No. 3-C/6, New Rohtak Road, New Delhi and thereforee have the absolute right to use and enjoy the same right as owners and possessors thereof.

b) The plaintiffs are entitled to declaration that the plaintiffs No. 1 and 2 being the owners and possessors of their 1/4th share of the land in property No. 3-C/6, New Rohtak Road, New Delhi, have the absolute right to use and enjoy the suit premises marked ABCD in red in the site plan, including their absolute exclusive right to park their cars/vehicles therein.

c) The plaintiffs are entitled to a perpetual injunction restraining the defendants No. 1 and 2 and the members of their family from interfering in the use and enjoyment of entry and exit of the plaintiffs No. 1 and 2 and the members of their family to their first and second floor properties, and of parking their cars/vehicles in the suit premises marked ABCD in red in the site plan, in property No. 3-C/6, New Rohtak Road, New Delhi.

8. The suit is decreed accordingly which no order as to costs.