IN THE HIGH COURT OF DELHI AT NEW DELHI
PURAN CHAND (DECEASED) THROUGH LRS AND ORS – Appellant
Versus
PRABHAT (DECEASED) THROUGH LRS – Respondent
J U D G M E N T
NEENA BANSAL KRISHNA, J.
1. The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) has been filed against the judgment and decree dated 31.03.2023 whereby the learned ADJ in RCA DJ No. 99/2019, has upheld the judgment and decree dated 07.06.2019 of the learned Civil Judge, whereby the suit for Mandatory and Permanent Injunction was decreed against the Defendants, who were directed to deliver the possession of the Suit property, to the plaintiff.
2. The Plaintiff, Prabhat, filed the Suit bearing No. 96065/16 for Mandatory and Permanent Injunction against the Defendants, namely Puran Chand, Kundan Lal, Devi Dayal and Dhanna Ram, for directing Defendant No. 1 to deliver possession of the suit property, and for restraining the Defendants from creating any third-party interest in the suit property.
3. The Plaintiff claimed that he was the absolute owner of the Property bearing No. C-57, comprising of ground floor and first floor with entire build up portion, located in Shiv Gali, Nanak Chand Basti, Kotla MubarakPur, New Delhi (hereinafter referred to as the “Suit Property”), by virtue of registered Sale Deed dated 16.01.
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