Property Case : Defendants Restrained From Further Construction on 27 April 2023

Property Case :  Defendants Restrained From Further Construction on 27 April 2023 

In a recent judgment dated 27 April 2023, the appeal was allowed and application for temporary injunction under Order 39 was allowed. 

The Facts were that an application for temporary injunction under Order 39 Rules 1 & 2 read with Section 151 CPC as filed by the plaintiffs/appellants was dismissed with no order as to costs by the Trial Court. Appeal was filed. Plaintiffs had exclusive of land in question.

Property 

The plaintiffs pleaded that A and B, sons of C were owners in possession of property detailed and described in para no. 1 of the plaint, situated within the revenue estate of a village. It was alleged that defendants are shrewd and cunning type sperson and they want to grab the property of the plaintiffs.

Plaintiffs further submitted that B died issue-less on 01.11.1987 and his brother A died prior to him. Thereafter, the property in question was succeeded in the name of D,E,F and G in equal shares, being the sons of A. On 23.10.1986, a family settlement took place among D,E,F and G regarding the property in question, which was divided among them, whereby, G relinquished his share in favour of E in lieu of his share comprised in Haveli to the extent of 1/4th share. 

Findings in Appeal 

In this case, it is an admitted fact that initially, the plot measuring  was owned by sons of A.

This alleged sale by way of agreement or by way of sale deed is not at all prima-facie proved on the file. Therefore, at the most, legal heirs of G can get ¼ share in the suit property, where they have constructed their house, shown in Purple colour, as per the site plan placed on record by one of the defendants. Therefore, a prima-facie case was made out in favour of appellants and balance of convenience also lies in their favour. In case, it was held that if the defendants/respondents are not restrained from causing interference or stopping the construction of the boundary walls, the appellants would suffer irreparable loss/injury. 

Written by 

Vishal

Delhi

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