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2001 Supreme(P&H) 513

M.L.SINGHAL
Devender Kumar – Appellant
Versus
Rajinder Singh Yadav – Respondent


Advocates Appeared:
For the Petitioner:Mr. Satish Kumar Mittal, Advocate.
For the Respondent:Mr. Mukesh Mittal, Advocate.

JUDGMENT

M.L. Singhal, J. - Rajinder Singh Yadav filed suit for permanent injunction against Devender Kumar Yadav, his wife Kamlesh Yadav and son Mahesh Yadav restraining them from interfering with his possession of plot ABCD and from interfering with the construction being raised by him thereon. It was alleged in the plaint that he purchased this plot from one Jai Dayal vide registered sale deed dated 31.7.1980. Since then, he has been continuously in possession of the plot as owner. Defendant Devender Kumar Yadav is the real maternal uncle of the plaintiff-Rajinder Singh Yadav. Apart from that they are married to two sisters, Smt. Kamlesh Yadav is the maternal aunt of the plaintiff, as also his sister-in-law i.e., his wifes sister. Mahesh Yadav is his cousin being his maternal uncles son and Mahesh Yadav is his nephew being his sister-in-laws son. While constructing their house, defendants had borrowed Rs. 30,000/- from the plaintiff. Out of that amount, defendant Devender Kumar Yadav had repaid him Rs. 22,000/- Rs. 8,000/- was still outstanding against Devender Kumar Yadav. Plaintiff wants to raise construction on this plot ABCD, which the defendants do not want him to do because



























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