GANGA MAHESH KATIHAR Vs. SUDERSHAN KHANNA

JUDGEMENT

(1.) Petitioner has filed this petition under Article 227 of the Constitution of India, challenging order dated 29.40.2010 passed by Additional District Judge, Delhi. Vide impugned order, trial court decided preliminary issues no.7 and 8 in favour of respondent no.1 (plaintiff in the trial court) and against petitioner (respondent no.1 in the trial court).

(2.) Brief facts which emerges from the record are that respondent no.1 claims herself to be the owner of suit property no.B-2/277, Raghubir Nagar, New Delhi, being the only daughter/ legal heir of Late Smt. Shanti Devi, owner of property, who died on 17.01.1981. Petitioner was inducted as tenant by Late Smt.Shanti Devi in the suit property in 1982. Daughter of respondent no.1, Smt.Sweety was married to petitioner on 15.10.1984, after which petitioner stopped paying rent. After the demise of Smt.Sweety on 25.10.1987, Poonam other daughter of respondent no.1, was also got married to the petitioner on 13.12.1987 and remained married to him, till the marriage was dissolved in the year 2006. Smt.Poonam alongwith petitioner, resided in the suit premises till the dissolution of marriage. Respondent no.1 claimed that thereafter, petitioner was allowed to stay in the suit property only till the time arrangement for alternate accommodation was made by him. Thus, petitioner was in permissive occupation of the suit property after the divorce.

(3.) Apprehending that petitioner may part with the suit property after divorce, respondent no.1 to assert her right, instituted a suit for Permanent and Mandatory injunction against petitioner and others.