RAM PRAKASH GUPTA Vs. RAJIV KUMAR GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment dated 27.4.2006 passed by the High Court of Delhi in Regular First Appeal No. 188 of 2006 whereby the High Court dismissed the appeal filed by the appellant herein. The respondents are the sons of the appellants elder brother who died in the year 1986.

(3.) The brief facts are as under: In the year 1957, since the appellant was a handicapped person, the father of the appellant purchased a piece of land in the name of and for the benefit of the appellant herein, who was minor at that time by way of registered sale deed dated 02.09.1957. The father of the appellant died in the year 1965 and at the time of his death, the plot underneath the house in question was lying vacant. The appellant was actively engaged in the business, therefore, in the year 1966 he raised a full fledged 3 storey house on the said plot with his funds. Moreover, a loan of Rs. 30,000/- was also taken from the Life Insurance Corporation by the appellant for construction of the house and later on it was repaid. After constructing the house, the first floor of the building was let out to one Aseema Architect by the appellant in the year 1969. The appellant and his family and the respondents father and his family were living together in House No. 107, Chawri Bazar, Delhi. Since relations between the brothers were cordial, on request of the respondents father, the appellant allowed him to use the second floor of the house as a licensee. In the year 1974, respondents father played a fraud and filed two suits in the name of his sons respondents herein, bearing Suit No. 183 of 1974 and 133 of 1974 for declaration and possession of the ground/first floor. There is no dispute of ownership of the appellant as far as the second and third floors of the house are concerned. In September 1986, after the death of their father, the respondents claimed the possession of the first floor of the building on the basis that they had obtained some decree from the Court, the particulars of which were not disclosed. In spite of best efforts, the appellant could not obtain the details of the case, therefore, no action could be taken. Aseema Architect, who was paying rent to the appellant, stopped payment of rent and in the year 1989, filed interpleader suit No. 424 of 1989 alleging therein that there is a bona fide dispute about the person(s) to whom the rent is payable. In that suit, the details of the decree obtained frequently in the year 1976 was disclosed. On 7.2.1990, the appellant herein filed Suit No. 378 of 1993 before the Additional Dist. Judge, Delhi praying for the following reliefs: