HIGH COURT OF DELHI
BIMLA DEVI,VIDYAWATI,SH.SUNDER LAL (DECEASED),RAJINDER KUMAR SHARMA
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J.M.MALIK, J. -
(1.) The genesis and sequence of this second appeal filed by the
defendants/appellants is this. The deceased respondent, Sunder Lal, filed a suit
for permanent injunction and mandatory injunction. Shiv Chand, father of
deceased respondent, and after his death in the year 1957, plaintiff/deceased
respondent has been in possession of land comprised in Khasra No. 308/30
measuring 3 biswas of Revenue Estate, situated at Giya Sarai. On 22.03.1978 Ram
Gopal, appellant no. 1 and his wife Smt. Bimla Devi, appellant no. 2 tried to
demolish the boundary wall of the said land, but due to intervention of
respondent they could not accomplish the illegal act. Thereafter, the
respondent filed a suit for injunction against appellant no. 1 on 22.03.1978.
The appellant was summoned. During the pendency of that suit counsel for the
appellant Sh. R.K. Sharma, made the following statement in the court of Sh. B.L.
Garg, Sub-Judge Ist Class, Delhi on 18.04.1978 on behalf of the appellant:-
'Statement of Shri R.K. Sharma, Adv. for the defendant.
I am undertaking that the defendant will not interfere in the physical
possession of the plaintiff and that the defendant will not dispossess the
plaintiff as the defendant has no concern with the suit premises.
Sd/- Sd/- Sub Judge Ist Class:
Advocate Ram Gopal Delhi 18.04.1978
(2.) Consequently, the plaintiff/respondent withdrew his suit and the
court passed the following order :-
'In view of the statement of the plaintiff and the counsel for the plaintiff,
the suit is hereby dismissed as withdrawn and the defendant will be bound by the
statement of his counsel. the file be consigned to Record room.'
(3.) On 05.06.1978 at about 8.00 a.m. the respondent got the wind of
appellants' plan to take undue advantage of the fact that the courts were closed
due to summer vacation for one month and they would forcibly occupy the suit
land and erect structures thereon. On receipt of this information the plaintiff
visited the spot where the appellants came there in his presence with a truck
loaded with bricks for storing it on suit land but finding that the plaintiff
was present on the spot, the appellants vamoosed along with the truck.
Thereafter, the plaintiff filed the instant suit for permanent injunction with
the prayer that the appellants be restrained from interfering with the peaceful
enjoyment of the plaintiff in respect of of the suit land or from entering upon
and occupying or taking possession of it. In the alternative it was also prayed
that in the event the appellants had entered into and occupied or possessed or
having succeeded in erecting any constructions / structures on it, a mandatory
injunction order be passed directing the appellants to vacate the suit land and
remove all structures and buildings erected by them on it.;
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