3

said property. The copy of the khatauni

is annexed as ANNEXURE A 1. - -

That the forefather of the plaintiff

raised ' constructions of two rooms in

K h a s r a N o . 2 0 1 , a d m e a s u r i n g 18 biswas

s i t u a t e d in Village Neelwal, P . O . T i k r i

Kalan, Delhi and allowed the grandfather

of the defendant to reside in the said

rooms as the grand father and father of

the defendant were providing personal

s e r v i c e s t o . t h e - g r a n d f a t h e r a n d . f a t h e r

o f t h e p l a i n t i f f a n d n o r e n t w a s s o u g h t

from them and presently the defendant is

residing in the said room as licensee.

That as per khatauni the plaintiff and

his uncle *namely Sandeep are co-

sharers/co-owners of the property

bearing Khasra No. 201 of area 0 -18

biswas situated in Village Neelwal, Post

Tikri Kalan, in Tehsil Punjabi Bagh,

Delhi-110041. It is submitted that in

the terms of family settlement arrived

 between plaintiff (when he became major)

and his uncle, t h e w e s t p o r t i o n of

aforesaid property i.e. Khasra No.201

has fallen into the share of the

plaintiff.

4.That in March, 2013 the defendant and

his cousins demolished the rooms and

tried to reconstruct the said rooms

without permission of family of the

plaintiff and his uncle and when the

family of the plaintiff raised objection

upon the illegal construction being

raised by the defendant they continued

with their illegal acts.

5. That constrained by the illegal

acts of the defendant, the plaintiff
(being

minor through his mother Smt.

Shakuntala).and . his uncle filed a civil

suit bearing No.52/2013 (new case

no.7421/2016), titled as Sandeep Kumar &

A n r . V s . N a r e n d e r & Anr. i.e. suit for

permanent injunction to restrain the
d e f e n d a n t a n d his cousin brother. T h e
said suit was disposed off by the court

of Ms. Pragati, Civil Judge (West), Tis

Hazari Court, Delhi vide order dated

.26.05.2017 with the observations a

suit for, injunction simplicitor is not

maintainable as they were required to

file a suit for possession and in

addition to the same, they could have

asked for injunction. Accordingly, this

court is of the view that no injunction

can be granted to the plaintiffs".

6.That the portion which had fallen into

the share

of the

plaintiff, the

defendant is in possession of the said

room. The said room is hereinafter

referred to as the suit property, as

specifically shown in Red in the site

plan, which is annexed as A N N E X U R E A 2 . - -

No.52/2013 new case no.7421/2016) had

7. That the defendant while
a p p e a r i n g a s a witness in the
civil suit bearing
admitted that though ho was dispossessed
out of the said room in the year 2013 by

the family . .of the plaintiff, but still

he is having the lock and key of the
said room and admitted that even the
said room is not having roof. It is
further admitted by the defendant in the
above said suit that he is not doing any
services with the family of the

plaintiff. The certified copy of the

order and the cross examination of the
defendant is annexed as ANNEXURE A 3 - -

(colly).

That the suit property is ancestral

property of the plaintiff and stands
mutated in the name_of the plaintiff and
after the plaintiff became major and

started looking after the properties on

his own, he made various requests to the

defendant to handover peaceful

possession of the suit property but the

defendant • faile d . to handover the
 possession of the suit property to the
plaintiff.

.9. That t h e p l a i n t i f f w a s constrained t o

send a l e g a l n o t i c e d a t e d 0 8 . 0 6 . 2 0 1 7

through his counsel by way of speed post

and courier and d e s p i t e r e c e i p t of the

said legal' notice neither the suit

property has been vacated nor the reply

h a s b e e n s e n t b y t h e d e f e n d a n t till

date. The plaintiff has terminated the

license of the defendant in terms of the

said legal notice and demanded the

possession of the room in possession of

the defendant but the said notice has

not been complied with. Copy of the

legal notice and postal receipts are

annexed as ANNEXURE-A—T (colly).

10. That the defendant has no right to

remain possession of the suit

property owned by the plaintiff without

paying the occupation charges and hence

the defendant is in illegal possession