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1987 Supreme(Del) 364

P.K.BAHRI
CHANDER BHAN – Appellant
Versus
PEHLAD – Respondent


Advocates Appeared:
H.L.SABARVAL, S.S.Tomar

P. K. Babri, J.

( 1 ) THIS is a second appeal brought against the judgment dated the 10th of August 1972 of Shri H. C. Goel, Addl. District Judge, Delhi (as his Lordship then was) by which he has accepted the appeal filed against the judgment and decree dated 15th of March 1971 passed by Shri Sagar Chand Jain, Sub Judge 1st Class, Delhi, and that he had set aside the judgment and decree of the lower court and dismissed the suit brought by the appellants seeking injunction against the defendants.

( 2 ) BRIEFLY stated the facts of the case are that the appellants had instituted a civil suit seeking relief of permanent injunction restraining the defendants from inetrfering with the peaceful possession of the plaintiffs in respect of the plot Nos. 30 and 17 in village Rithala in the Union Territory of Delhi and also restraining them from enforcing their way through the said plots. In all there were 11 defendants in the suit and one of them was one Pehiad. The case set up by the plaintiffs in brief is that the plaintiffs are owners of the house built on plot No. 30 in village Rithala and that the plot No. 17 is quite adjacent to their house and it had been allotted to the plaintiffs by





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