INDER RAJ (DECEASED THR LRS) vs MALIK CHAND GROVER & ORS

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 19th March, 2025 + CM(M) 1109/2015 & CM APPL. 26389/2015 INDER RAJ (DECEASED THR LRS) .....Petitioner Through: Mr. Madan Lal Sharma with Mr. Amit Kumar, Advocates. versus MALIK CHAND GROVER & ORS .....Respondents Through: Mr. M K Singh, Advocate for respondent No.3 Ms. Puja S. Kalra, Advocate for respondent No.4. Mr. Sunil Dalal, Sr. Advocate with Mr. J Singh, MR. Bhusahn Arora, Mr. Shryas Malik, Ms. Saumitra Saxena, Mr. Nikhil Beniwal, Mr. Navish Bhati, Ms. Shipra Bali and Ms. Riya Rana, Advocates for respondent No.5. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is successor-in-interest of original plaintiff Sh. Inder Raj and is aggrieved by order dated 07.09.2015 passed by learned Trial Court whereby application moved by the plaintiff under Order VI Rule 17 CPC has been dismissed. 2. Let me give a very brief factual matrix of the case. 3. Sh. Inder Raj (original plaintiff) and Sh. Malik Chand Grover (original defendant No.1) were real brothers. 4. Plaintiff had filed a suit seeking declaration, cancellation of sale deed and permanent and mandatory injunction. Signature Not Verified Digitally Signed CM(M) 1109/2015 1 By:SONIA THAPLIYAL Signing Date:24.03.2025 18:54:55 5. According to plaintiff, Plot No. A-20, W.H.S. Timber Block, Kirti Nagar, was jointly allotted to him and his said brother i.e. defendant No.1 by DDA in the year 1982. 6. The allotment was by virtue of a perpetual lease deed. 7. Since the allotment was joint, plaintiff and defendant No.1 became owner of half share each of the abovesaid plot i.e. in equal proportions. According to plaintiff, defendant No.1, however, occupied an area of 270 sq. yards and started doing business in such area whereas the area whic