NATASHA KOHLI Vs. MON MOHAN KOHLI

JUDGEMENT

(1.) This Appeal assails the Order dated 21.4.2010 passed by the learned Single Judge holding that the Plaintiff was not in occupation of the entire house, that is, 15-A, Amrita Shergill Marg, New Delhi; and that she was in occupation of only the Guest House where she was living and sleeping since 2004. The learned Single Judge has ordered that "till the rights of the parties are determined after adjudication, it would be just and appropriate that the plaintiff shall keep living in the guest annexee and shall not interfere into the Main Building where defendant and son of the parties is living except that she can go to her son's bedroom and stay with him as per the wishes of her son and son can also go to guest room annexee and stay with the mother as and when he likes. Apart from that, plaintiff shall not interfere into the possession of the defendant no.1 of the main building. It is also ordered that defendant no.1, 2 and 3 shall not sell or part with possession of the suit property, that is, 15-A, Amrita Shergil Marg, New Delhi till disposal of the present suit or till the rights of the parties are ascertained in the execution filed by the plaintiff or unless the parties arrive at a settlement". It will be immediately apparent that the Appellant has not been allowed the use of even the Kitchen. Resultantly, she would perforce have to purchase her food etc. from elsewhere, that is, from outside of the matrimonial home.

(2.) The Plaintiff has filed a Suit for Permanent and Mandatory Injunction in which her husband, Mr. Mon Mohan Kohli, is Defendant No.1. The matrimonial home is 15-A, Amrita Shergil Marg, New Delhi and is owned by Jey Key Private Limited, Defendant No.2. Mr. Joginder Kohli, Defendant No.3, is impleaded as a Director of that Company. S/Shri Mon Mohan Kohli and Joginder Kohli have 600 shares each, out of a total Paid Up and Subscribed Share Capital of 1200 shares. The suit property is stated to comprise the entire 15-A, Amrita Shergil Marg, New Delhi, ad measuring approximately 2227 square meters; it includes the Main Bungalow as well as the Annexee. The Plaint sets out that a Family Settlement has taken place between Defendant No.1 and his family, all of whom were residents of the undivided 15-A, Amrita Shergil Marg, New Delhi. The said Memorandum recognizes joint ownership of the Plaintiff and Defendant No.1 in 15-A, Amrita Shergil Marg, New Delhi. In paragraph 20 of the Plaint, it has been asseverated that Defendant No.1 had made attempts to throw the Plaintiff as well as her son out of the suit property which avowedly is also the matrimonial home of the Plaintiff. Paragraph 27 of the Plaint contains the allegation that in the first week of May, 2006 Defendant No.1 stepped up his efforts to throw the Plaintiff and her minor son out of the suit property so that he could be able to sell the property by handing over vacant peaceful possession thereof to the buyer. All that is required to be emphasized for the present is that the Plaintiff's prayers pertained to the entire suit property, that is, 15-A, Amrita Shergil Marg, New Delhi and not just the Annexee. The primary prayer is for a permanent injunction in respect of the peaceful possession and enjoyment of the suit property by the Plaintiff.

(3.) The Site Plan, which is acceptable to both the warring spouses, is at page 1026 of the Appeal File and makes the following depiction:-