HARI MOHAN Vs. MAYA DEVI

JUDGEMENT

(1.) These two appeals arise from a common judgment of the Appellate Court dated 19.12.2009 between the same parties raising common questions of law and fact and have therefore been heard and are being disposed of by this common judgment.

(2.) The challenge by means of these Regular Second Appeals is to the impugned judgment dated 19.12.2009 by which the appeal of the Respondents herein was accepted and consequently the suit of the Plaintiffs/Appellants which was decreed by the trial Court was dismissed.

(3.) The facts of the case are that two suits were filed, one by Smt. Maya Devi (Respondent No. 1) for permanent injunction to restrain the Appellants from interfering with her possession and enjoyment of the suit property comprising of 250 sq. yards situated at house No. G-24, Plot No. 9, Laxmi Nagar, Delhi. Another suit was also filed by the present Appellants seeking mandatory injunction against the Respondents to hand over the possession of the suit property. The suit of the present Appellants was decreed by the trial Court and the suit of the present Respondents was dismissed. In the appeal, however, by the impugned judgment dated 19.12.2009, the suit of the Appellants for mandatory injunction came to be dismissed and the suit of the Respondents came to be decreed.