RAM AVTAR SINGH Vs. THAKUR RATTAN SINGH

JUDGEMENT

(1.) This is an unfortunate dispute between a father and son. The father Thakur Rattan Singh was the plaintiff before the trial court. He had filed a suit against his son Ram Avtar Singh, the defendant for possession and mandatory injunction. Contention of the plaintiff/respondent was that he is the owner of the premises i.e. B- 94, Devli Road, Jawahar Park, Khan Pur, New Delhi. The defendant was permitted to live on the ground floor as a lessee; no license fee was being paid by the defendant. The conduct of the defendant and his wife was not cordial; they created nuisance and hindrance in the life of the plaintiff. By public advertisement dated 26.4.2003, the plaintiff had dis-inherited his son. On 29.5.2003, he terminated his lease asking him to vacate the suit premises. Defendant had not complied with the said request. The plaintiff was forced to file the present suit.

(2.) In the written statement, the defendant had denied that he was living in his capacity as a lessee. His contention was that he had made a substantial financial contribution of Rs.5 lakhs for the purchase of this property although admittedly this property was registered in the name of his father. He denied any harassment by himself or his wife to his father.

(3.) The trial judge had framed seven issues. All the issues were decided in favour of the plaintiff and against the defendant. A decree of possession and damages at the rate of Rs.2000/- was passed against the defendant.