Satish Kumar Jain vs Brahm Prakash - 2023 Supreme(Del) 1248

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 1248

MANOJ KUMAR OHRI
Satish Kumar Jain – Appellant
Versus
Brahm Prakash – Respondent

Advocates appeared:
Mr. Virag Kumar Agarwal, Ms. Shalini Agarwal, Ms. Naina Agarwal and Mr. Shobhit Agarwal, Advocates, for the Appellant.
Mr. Shiv Charan Garg, Mr. Imran Khan, Mr. Rohit Kumar and Ms. Jahanvi Garg, Advocate, for the Respondents.

JUDGMENT

Manoj Kumar Ohri, J. By way of the present appeal filed under Order 43 read with Section 151 CPC, the appellant/plaintiff has assailed the order dated 28.08.2018 passed by the Trial Court in Suit No.13886/2016 to the extent that his application under Order 39 Rule 10 read with Order XV-A and Section 151 CPC was dismissed.

2. The appellant filed the underlying suit for declaration, possession, damages, permanent and mandatory injunction, wherein he claimed himself to be the absolute and lawful owner of property bearing No. T-57 (C), Tokri Walan, near Azad Market, Delhi-110006 admeasuring 42 sq. yards and comprising of its entire ground floor and second floor with roof/terrace rights alongwith common staircase and superstructure. It was further claimed that the aforesaid portions were purchased by him and his brother from respondent No.2/Munni Devi by way of registered GPA and Will both dated 08.06.1998. The first floor of the property was sold by respondent No.2 to respondent No.1 (her brother). Allegedly, after sale of the aforesaid portions to the appellant, somewhere in the first week of November, 2006, respondent No.1 started raising unauthorized construction of a tin s