Document Fragment View

Matching Fragments

SUIT FOR PERMANENT AND MANDATORY INJUNCTION

1. Plaintiff has instituted the present suit seeking permanent injunction restraining the defendant from demolishing ground floor of house no.187A, Arjun Nagar, New Delhi as shown in site NEHA CS SCJ 83821/2016 Balwant Singh (through LRs) v. DDA & Ors 30.08.2025 plan (hereinafter referred as "suit property") or forcefully dispossessing the plaintiff therefrom; mandatory injunction directing the defendant to repair and restore the suit property in its original condition; and damages.

2. It is pertinent to mention that during pendency of the suit, the original plaintiff namely Sh. Balwant Singh expired, and vide order dated 22.11.2021, the suit was continued by his legal representatives.

Averments in the plaint

3. By virtue of the plaint, it is stated that property bearing no. 187 A, Arjun Nagar, New Delhi is the absolute property of the plaintiff as it is an ancestral property, and ancestors of the plaintiff had been paying different types of taxes, and development charges as raised by the defendant no.1 and 2 as well as other authorities. This property came in occupation, peaceful possession and ownership of the plaintiff from his father Mr. Parmanand @ Mr. Parma after his death on 27.07.1990.

4. Prior to the plaintiff, his ancestors were residing in residential property no. 187A, Arjun Nagar, measuring about 165 sq.yds, New Delhi, falling in khasra no.75, Village Humanyupur, New Delhi which was purchased by his father Sh. Parma s/o Late Sh. Bhola vide registered sale deed dated 26.10.1966 from Sh. Ram Chander, who got the said property from Sh. Chaudhary Kaliram @ Kali. After death of the ancestor, the property was mutually divided among all legal heirs including the plaintiff. Pursuant NEHA CS SCJ 83821/2016 Balwant Singh (through LRs) v. DDA & Ors 30.08.2025 thereto, plaintiff got his share comprising of ground floor consisting of two rooms measuring 8 X 8.6, 6 X 8 (17.80 sq. mt.) and first floor having one room of 8 X 8.6 (9.38 sq. mt.) and it's total covered area is about 27.18 sq. mt.

7. As the plaintiff did not fulfill their illegal demands, on 20.01.2012, defendant no.1 and 2 demolished maximum portion of the residential property bearing House No. 187A, Arjun Nagar, New Delhi including the first floor constructed upon the said house of the plaintiff (demolished portion shown in red colour in site plan) leaving behind only the suit property comprising of ground floor, without giving any notice. It is averred that the NEHA CS SCJ 83821/2016 Balwant Singh (through LRs) v. DDA & Ors 30.08.2025 plaintiff has been paying all types of taxes and bills to the concerned authorities including defendant no. 1 and 2. However, defendants have been misusing their power against the plaintiff and his family members, and have been threatening, harassing and mentally and physically torturing the plaintiff and his family members.