Syed Aijaz Hussain vs Islahuddin Khan & Ors

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 2294

SANJEEV SACHDEVA
Syed Aijaz Hussain – Appellant
Versus
Islahuddin Khan & Ors – Respondent

Advocates appeared:
Javed Ahmad, Advocate, Thakur Sumit, Advocate, Zaki Kazmi, Advocate, Amit Dogra, Advocate

JUDGMENT

Sanjeev Sachdeva, J. - Appellant impugns order dated 17.03.2021 whereby the application under Order 39 Rule 1 & 2 CPC filed by the appellant seeking a restraint on respondents from carrying out any construction activity or changing the structure of the suit premises i.e. property No.38 admeasuring 84 sq.yards L Type situated at Noor Nagar, Jamia Nagar, Okhla, New Delhi and further from transferring, alienating or parting with possession or creating third party interest in the said property during the pendency of the suit has been dismissed.

2. The appellant/plaintiff had filed the subject suit for declaration, recovery of possession and mandatory injunction on 24.02.2021 seeking a declaration, declaring the General Power of Attorney, Agreement Affidavit all dated 17.05.1967 to be null and void having no relationship with the suit property No.38, Khasra No.176 admeasuring 84 sq.yards L Type, Noor Nagar, Jamia Nagar, Okhla, New Delhi and further seeking a decree of possession in favour of the appellant and a mandatory injunction to remove the illegal and unauthorised construction raised over the subject property.

3. The case set up by the appellant is that one Najamuddin Khan w