Prathiba M. Singh, J.

1. The Respondents/Plaintiffs - Smt. Badru Nisa and Sh. Parvez Ahmed wife and son, respectively of Late Sh. Faiz Ahmed (hereinafter ‘Plaintiffs’), filed a suit for possession and permanent injunction against the Appellants/Defendants - Sh. Shakeel Ahmed, Sh. Wakeel Ahmed and Smt. Asma Parveen (hereinafter ‘Defendants’). The said suit was decreed by the Trial Court in the following terms:

“RELIEF

From the above discussions and in view of my findings recorded on issues no.4, 5 & 6, I am of the opinion that suit of the plaintiffs deserves to be decreed and is hereby decreed. A decree for possession in respect of the suit property is passed in favour of the plaintiffs and against the defendants. A decree of permanent injunction is also passed in favour of the plaintiffs and against the defendants restraining the defendants, their associates, workmen, family members etc. from transferring, assigning or part with the possession of the suit property. No order as to cost. Decree sheet be drawn accordingly.

File be consigned to Record Room.”

2. The case of the Plaintiffs is that Late Sh. Faiz Ahmed and Plaintiff No.1-Smt. Badru Nisa had purchased the suit property bearing municipal no. 2198, Pahari Bhojla, Bajar Chitli Qabar, Jama Masjid, Delhi (hereinafter ‘Suit Property’). One Sh. Rahat Hasan was the tenant in the suit property. He passed away on 28th November, 2010. He was alone and had no children. The Plaintiffs pleaded that the Defendants, upon the death of Sh. Rahat Hasan put their locks on the suit property and took possession of it. The Plaintiff No.1 who is 71 years old visited the suit property after hearing about the death of Sh. Rahat Hasan about 2 to 3 days later. She found that the premises were locked. She thereafter lodged a complaint on 21st December, 2010 with the local Police after making enquiries in the neighbourhood. The local Police registered an FIR No.8 dated 27th January, 2011. The Defendants were arrested by Police and were released on Bail.

3. Defendants No.1 and 2 are real brothers and Defendant no.3 - Smt. Asma Parveen is their sister. Smt. Asma Parveen filed a suit for injunction on 15th January, 2011 against the Plaintiff no.1. She pleaded in the said suit that she was nominated by the tenant, Sh. Rahat Hasan as his nominee in his LIC policy. She is the niece of Sh. Rahat Hasan and was dependent upon him for her residence. She claimed to be in possession of the suit property. She further claimed that Sh. Rahat Hasan had an electricity and water connection in his name. Accordingly, she had prayed for an injunction. The said suit was disposed of on 14th December, 2011 when the Defendants therein i.e. the Plaintiffs herein agreed that they will not forcibly dispossess Smt. Asma Parveen without adopting due process of law.

4. In the present suit, the Plaintiff also pleaded that in Smt. Asma Parveen’s suit, the Learned Trial Court had rejected the prayer for injunction initially on the ground that Smt. Asma Parveen was unable to show her settled possession in the suit property. However, thereafter the suit was disposed of in the appellate stage.

5. The Plaintiff claimed in the plaint that on 2nd January, 2012, the Defendants brought some third parties to show them the suit property and their intention appeared to be to create third party rights and illegally dispose of the property. At that time, the Plaintiffs requested the Defendants to hand over vacant and peaceful possession. Plaintiffs claim that they again complained to the Commissioner of Police but to no avail. The subject suit for injunction was therefore filed seeking the following reliefs :

“(a) a decree for possession with regard to the property bearing municipal No.2198, Pahari Bhojla, Bajar Chitli Qabar, Jama Masjid, Delhi-110006, as shown red colour in the site plan, be passed in favour of the plaintiffs and against the defendants;

(b) a decree for permanent injunction may kindly be passed in favour of the plaintiffs and