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C. HARI SHANKAR
Vijay Singh Verma – Appellant
Versus
Kanwar Singh Verma – Respondent
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
In a suit for injunction, a clear title can suffice for relief without a declaration if the opposing party fails to substantiate their claims, allowing the rightful possessor to seek protection again....
Concurrent findings of fact by lower courts should not be disturbed in a second appeal unless a substantial question of law arises, which was not applicable in this case.
Suit of the plaintiff for bare injunction is not maintainable and the First Appellate Court could not have decreed the suit of the plaintiff, when the defendants apart from denying the title and poss....
Second Appeal – Substantial question of law -condition precedent for entertaining and deciding a Second Appeal being existence of a substantial question of law, whenever a question is framed by the H....
A suit for permanent injunction is maintainable without seeking a declaration of title when the defendant admits the plaintiff's title and possession.
Suit for Mandatory Injunction – Where there is construction raised on disputed property alleged to be owned by plaintiffs, appropriate and efficacious remedy available to them was to institute suit f....
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