Delhi High Court
Punam Tyagi vs Veena Kakar & Ors. on 21 February, 2018
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 21st February, 2018
+ RFA 279/2017 & CM APPL. 9595/2017
PUNAM TYAGI ..... Appellant
Through: Mr. Amit Khanna and Mr. Raj
Vardhan, Advs. (M:9999444007)
with husband of Appellant in person.
Versus
VEENA KAKAR & ORS. ..... Respondents
Through: Mr. Shubhanker Sharda, Advocate for
R-1 & 3 with R-3 in person.
(M:9958102797)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. Learned counsel for Respondent Nos.1 & 3 is present along with
Respondent No.3 in person. Appellant is represented through her husband,
who is present in Court. Respondent No.2 has not appeared despite written
intimation having been served to him. Respondent No.2 is proceeded ex-
parte.
2. Arguments heard. The Appellant is the occupant of the second floor
of property bearing no.R-12, South Extension, Part-II, New Delhi-110049.
Respondent Nos.1 & 3 are the occupants of the ground floor and Respondent
No.2 is occupant of the first floor. The property has a terrace where water
tanks of various occupants are located. Due to several disputes, which arose
between the parties, the Appellant filed a suit for declaration and injunction
praying the following reliefs.
"a. pass a decree of declaration in favour of the
Plaintiff and against the Defendants declaring
that the Plaintiff has a right to possession over the
annexe of 2nd floor of property bearing No. R-12,
South Extension, Part - II, New Delhi - 49 as
envisaged under the Sale Deed and MOU, dated
22.06.2010;
b. pass a decree of declaration in favour of the
Plaintiffs and against the Defendants declaring
that the Plaintiff has an unfettered right to access
the terrace floor of property bearing No. R- 12,
South Extension, Part - II, New Delhi - 49 for the
purpose of maintenance of water tank and water
supply for her flat;
c. pass a decree in favour of the Plaintiff and
against the Defendants directing Defendant No. 1
to accept the balance amount of Rs. 6,50,000.00
towards possession of the annexe of property
bearing No. R-12, South Extension Part - II, New
Delhi - 49;
d. pass a decree of possession in favour of the
Plaintiff and against the Defendants directing the
Defendants jointly and severally to hand over the
annexe to the 2nd floor of property bearing No. R
- 12, South Extension, Part - II, New Delhi - 49;
e. pass a decree of mandatory injunction in favour
directing Defendant No. 2 to hand over keys of the
annexe to the 2nd floor of property bearing No. R-
12, South Extension, Part -II, New Delhi - 49 to
either the Plaintiff of Defendant No. 1;
f. pass a decree of permanent injunction in favour
of the Plaintiff and against Defendant No.2
permanently restraining Defendant No.2 from
preventing the Plaintiff to access the terrace floor
of property bearing No. R - 12, South Extension,
Part - II, New Delhi -49 for the purpose of
maintenance of water tank, regulating supply of
water to her flat and for installation of additional
tank of 1000 Ltrs. for her flat and for installation
and maintenance of PNG pipes including
maintenance of her property with regard to
seepage and / or leakages occurring from wear
and tear of the building;
g. pass a decree of mandatory injunction in favour
of the Plaintiff and against Defendant No.2
directing Defendant No.2 to permit the Plaintiff of
her family members or any person representing
her to go to the terrace floor for the purpose of
installation of water pipe directly from her water
tank (situated at Mumty) to her kitchen and also
PNG (Gas) pipeline that has to be drawn from the
ground floor to the terrace floor and then to each
respective floors through the shaft area of the
building;
h. pass a decree of mandatory injunction in favour
of the Plaintiff and against Defendant No.2
directing Defendant No.2 to hand over a set of
duplicate keys, to the Plaintiff, to the terrace floor
and of the door leading to the shaft of the building
for the above purposes;
i. pass a decree in favour of the Plaintiff and
against the Defendants directing the Defendants
to pay to the Plaintiff an amount of Rs.
18,08,000.00 as envisaged above;
j. pass a decree in favour of the Plaintiff and
against the Defendants directing the Defendants
to pay to the Plaintiff, jointly or severally, interest
on the above amount of Rs. 18,08,000.00 @12%
p.a. from the date of institution of the present suit
till payment; and
k. pass such other or further order / orders as this
Hon'ble Court may deem fit and proper in the
facts and circumstances of the case."
3. The Trial Court has decreed the suit to the following effect:
"As per finding on issue No.1, the suit of the
plaintiff is decreed declaring that plaintiff has a
right of possession over the annexe of the second
floor of the suit property bearing no.R-12, South
Extension, New Delhi. As per finding on issue
No.2, plaintiff is also entitled to a decree of
declaration declaring that she has a right of
access to the terrace floor of the suit property for
the purpose of maintenance of water tank and
water supply to her flat. As per the finding on
issue No.3, defendant No.1 is directed to receive
Rs.6.5 lacs as balance payment of the annexe
from the plaintiff. In case the defendant No.1 fails
to take Rs.6.5 lacs from the plaintiff, the plaintiff
can deposit Rs.6.5 lacs in the court in the form of
Demand Draft in the name of the defendant No.1.
The plaintiff is also entitled to take possession of
the annexe from all the defendants particularly
from defendant No.2, who is in possession of the
annexe. Defendant No.2 is directed to permit the
plaintiff or her representative to go to the terrace
floor for the purpose of maintenance/installation
of water pipe in her water tank. The suit of the
plaintiff is decreed, accordingly."
4. Learned counsel for Appellant submits that the only outstanding issue
between the parties is with respect to installation of an additional water tank
of 1000 Ltrs for the consumption and usage of the family of Appellant,
residing on the second floor of the property. The Trial Court has already
allowed the access to the terrace for the purpose of maintenance and
installation of the water tank etc. The prayer for the additional water tank
installation is not being opposed by the Respondent Nos.1 & 3. Respondent
No.2 is not present.
5. It appears that the request for an additional water tank is a reasonable
request, considering that the summer months are approaching. This Court
ought not to have been seized with disputes such as this in the first place.
The installation of an additional tank is for a basic necessity viz., water and
the same is liable to be allowed. Appellant is permitted to install the
additional water tank of 1000 Ltrs for the usage in her flat on the second
floor. However, while installing the said additional water tank, the Appellant
shall ensure that no disturbance is caused to the occupants of the other flats
and installation is carried out in a peaceful manner.
6. Respondent Nos.1 & 3 undertake not to create any hindrance and to
cooperate. Respondent No.2 is directed not to create any hindrance in the
installation of the water tank and also to cooperate in the same. The suit is
decreed in terms of the order of the Trial Court alongwith the directions
passed herein above. No other relief is pressed for.
7. With these additional directions, appeal is disposed of with no order
as to costs. All miscellaneous applications also stand disposed of.
PRATHIBA M. SINGH
Judge
FEBRUARY 21, 2018/dk
