JAYANT NATH
Rajeev Tandon – Appellant
Versus
Rashmi Tandon – Respondent
JAYANT NATH, J.
IA No. 14323/2016
1. This application is filed by the plaintiffs under Order 12 Rule 6 CPC seeking a decree based on admissions. The plaintiffs have filed the suit for permanent and mandatory injunction. The plaintiffs have prayed for a decree of mandatory injunction in favour of the plaintiffs for removing the defendant, her agents, etc. from one room on the ground floor of the suit property D-404, Defence Colony, New Delhi as shown in the site plan.
2. The case of the plaintiffs is that plaintiff No. 1 is the brother of defendant. Plaintiff No. 2 is the wife of plaintiff No. 1. The plaintiffs are said to be the owners of the ground floor, first floor and second floor of the property being D-404, Defence Colony, New Delhi.
3. The defendant got married on 06.02.1998 and pursuant to her marriage started residing in her matrimonial home in Mumbai. The father of plaintiff No. 1 and the defendant passed away on 12.12.1998. It is pleaded that the plaintiffs out of their own self acquired funds bought the suit property. The basement and ground floor was purchased in the name of plaintiff No. 1 vide sale deed dated 14.06.2001. Similarly, plaintiff No. 2 became the ow
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