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2006 Supreme(Del) 1466

S.L.BHAYANA, T.S.THAKUR
MALHAN BUILDERS – Appellant
Versus
DURKHANIE JADRAN – Respondent


Advocates Appeared:
S.K.PURI, S.S.Mishra, SOMESH ARORA


T. S. THAKUR, J.

( 1 ) THIS Regular First Appeal arises out of a judgment and decree passed by the Additional District Judge, Delhi, whereby the suit filed by the appellant for a permanent prohibitory injunction has been dismissed.

( 2 ) THE suit property comprises a residential building bearing No. S-82, greater Kailash Part-I, New Delh. The plaintiffs' case, as set out in the plaint, is that the entire first floor and the front portion of the ground floor of the said building is in their peaceful occupation. The plaint sets out the background in which the said property was acquired by the plaintiffs from the owners thereof and relies upon the document of title allegedly executed in their favour.

( 3 ) A complete factual narrative and the manner in which the plaintiffs claim to have come in possession of the suit property is, in our opinion, unnecessary for the present, keeping in view the order that we propose to make in this appeal. Suffice it to say that the plaintiffs' claim to be the owners in occupation of first floor of the property and a part of the ground floor as indicated earlier. Their further case is that the defendants are adopting fraudulent, unlawful and crimina



























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