Syed Aijaz Hussain vs Islahuddin Khan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
SANJEEV SACHDEVA
Syed Aijaz Hussain – Appellant
Versus
Islahuddin Khan – Respondent

Table of Content
1. application for injunction dismissed. (Para 1 , 2)
2. claim of ownership based on historical context. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
3. dispute over property possession and ownership. (Para 11 , 12 , 13 , 14 , 15)
4. lack of evidence for principal possession. (Para 18 , 19 , 21 , 22 , 23 , 30)
5. respondent's possession contradicts appellant's claims. (Para 26 , 28 , 35)
6. no merit found in the appeal; case dismissed. (Para 36 , 37 , 38)

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--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 Gen