ANJUM Vs. MOHD IRFAN

JUDGEMENT

(1.) Order dated 4 th July, 2017 passed by the Registrar records that despite service the Respondent/Defendant (hereinafter, 'Defendant') has not appeared. Defendant is proceeded ex-parte. Learned counsel for Appellant/Plaintiff (hereinafter, 'Plaintiff') submits that the Defendant was ex-parte even in the Trial Court.

(2.) This is an appeal against the impugned judgment/order dated 1st August, 2016 by which the suit for permanent injunction filed by the Plaintiff was dismissed by the Trial Court. The brief facts are that the Appellant Ms. Anjum was the Plaintiff in the suit which was filed against the Defendant-Mohd. Irfan.

(3.) Plaintiff claims to be the owner of property bearing no.E-228/2, Abul Fazal Enclave, Part-II, Jamia Nagar, New Delhi measuring 50 sq. yards consisting of three floors i.e. ground, first and second floors (hereinafter, 'suit property'). She claims that she had purchased the property vide General Power of Attorney (Ex.PW-1/1), Agreement to Sell (Ex.PW1/2), Receipt (Ex.PW1/4) and Affidavit (Ex.PW1/3) all dated 28th November, 2006. It is her case that on one occasion, while she was accompanying her husband to the BSES office, the Defendant who was carrying the original documents for the suit property, told her that he misplaced them and a complaint was registered with the P.S. New Friends Colony. He then began ill treating her, and his attitude towards the Plaintiff completely changed and she was subjected to mental torture. She also apprehended and suspected that the title documents were taken away by the Defendant and he intended to sell the suit property. Defendant is running his own business called Irfan Medicos. Subsequently, the Defendant deserted the Plaintiff and her children. Under these circumstances, the suit for injunction was filed before the Trial Court.