A step-by-step account of how our team secured a mandatory injunction and restored possession of a commercial property in Keshav Puram, Delhi, within 90 days of filing.
Note: Client identity has been anonymised in accordance with professional ethics and client consent. All facts are presented as they appeared on the record of the Delhi High Court.
Background
Our client, a 58-year-old retired government employee, approached us in August 2024. He had inherited a ground-floor commercial property in North-West Delhi from his late father. Following the father's demise in early 2024, a distant relative had forcibly occupied the premises and changed the locks, claiming an unregistered gift deed executed in his favour.
Legal Strategy
The first step was to challenge the validity of the alleged gift deed. Under the Transfer of Property Act, 1882, a gift of immovable property must be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. The purported deed was unregistered and bore only one attesting witness.
- Filed a suit for declaration of title and permanent injunction before the Delhi High Court.
- Simultaneously moved an urgent application under Order XXXIX Rules 1 & 2 CPC for a temporary injunction.
- Produced the original registered Will, mutation records, and electricity bills establishing continuous prior possession.
- Challenged the gift deed on grounds of non-registration, undue influence, and the donor's diminished mental capacity at the material time.
- Obtained a police complaint acknowledgment to establish the date of dispossession.
Outcome
The Court granted an ex-parte ad interim injunction within 72 hours of filing, restraining the occupant from alienating or further encumbering the property. After service of notice and hearing both parties, the injunction was confirmed on 14 November 2024 — 89 days after the initial filing. The occupant was directed to deliver vacant possession within 30 days.
“The speed of relief in property matters depends entirely on the quality of documentary evidence assembled at the outset. We do not go to court until the paper trail is complete.”
— Sandeep Yadav, Advocate, Mudgal Advocates
Key Takeaways
- Always register a Will or gift deed — unregistered documents are vulnerable to challenge.
- Maintain utility bills, tax receipts, and rent agreements to evidence possession.
- Act immediately upon dispossession; delay can prejudice interim relief applications.
- A well-drafted injunction application with supporting affidavits can secure relief within days.