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2022 Supreme(Del) 2128

C. HARI SHANKAR
Vijay Singh Verma – Appellant
Versus
Kanwar Singh Verma – Respondent


JUDGMENT (Oral)

1. Averring that he was the owner of a property situated at 802/1 Ward No. 6, Khasra No. 1151/3 Min, Lal Dora Abadi, Mehrauli, New Delhi ("the suit property"), the respondent instituted CS 8226/2015 (Kanwar Singh Verma v. Vijay Singh Verma), against the appellants before the learned Additional Senior Civil Judge ("the learned ASCJ"), seeking an injunction, restraining the appellants from obstructing the respondent in keeping and maintaining a water tank at the roof of the suit property, as well as from accessing the roof of the suit property, in connection therewith.

2. According to the averments in the plaint, the respondent was the occupant of the ground floor of the suit property, whereas the appellants, as the defendants in the suit, were in possession of one room on the ground floor, the entire first floor and one room on the second floor, along with roof. The respondent asserted ownership rights over the suit property, claiming to have purchased the suit property through Shakuntala Devi, his mother, who, it was asserted, had purchased the suit property from Mamchand Tanwar, who, in turn, had purchased the suit property from one Nathu Ram through General Powe

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