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2015 Supreme(Del) 4530

A.K.PATHAK
HARISH CHAND TANDON – Appellant
Versus
DARPAN TANDON – Respondent


Advocates Appeared:
For the Appellant : Ms. Shalini Kapoor, Ms. Promil Seth and Mr. Abhijeet, Advs. with plaintiff in person.
For the Respondent: Ms. Shobhana Takiar, Adv. for D-2 with D-2 in person.

JUDGMENT :

A.K. PATHAK, J.

I.A. No. 2277/2015 (u/O 12 R 6 CPC by the Plaintiff)

1. Plaintiff is father of defendant no.1 and father-in-law of defendant no.2. He is aged about 69 years. He has filed this suit for mandatory injunction and damages against the defendants, praying therein that by way of mandatory injunction defendants be directed to remove their goods from the first floor portion of the house no. D-3, Green Park Extension, New Delhi (hereinafter referred to as the “suit property”), more particularly shown in red colour in the site plan annexed with the plaint and handover the vacant and peaceful possession thereof to the plaintiff; defendants be restrained from selling, alienating, assigning any portion of the suit property to any third party; and to pay damages @ Rs.1000/- per month for the use and occupation of the suit premises.

2. Plaintiff has claimed himself to be the absolute owner of the house no. D-3, Green Park Extension, New Delhi. He has alleged that defendant no.1 was permitted to live in the suit property being his son. After the marriage of defendant no. 1 with defendant no. 2 on 18th November, 2011, defendant no.2 also started living in the suit property alo






























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