RAJNI MEHRA Vs. PRAN NATH MEHRA

JUDGEMENT

(1.) These petitions are filed under Section 24 read with Section 151 of the Code of Civil Procedure seeking transfer of Suit Nos. 179/91 filed by the defendants which is pending in the Court of Shri Sanjay Kumar, Civil Judge. Delhi as well as Suit No.27/92 which is pending in the Court of Shri Gulshan Kumar, Civil Judge, Delhi.

(2.) Averments made in these petitions are that petitioners have filed Suit for partition of various properties in this Court being Suit no. 1973/91. Among various properties one of the properties included for partition 1% House no. A-8/41. Rana Pratap Bagh, Delhi - 110007. According to the averments made in the partition Suit, the petitioners are Joint owners of this property also along with the respondents and other brothers/sisters. On the other hand, the respondents have claimed that they are exclusive owner of house no.A-8/41, Rana Pratap Bagh, Delhi - 110 007. Suit No.179/91 filed by the respondents in the Court of Shri Sanjay Kumar, Civil Judge, Delhi is for mandatory injunction and other relief seeking direction against the plaintiffs to quit the said house on the ground that they are exclusive owner of the said property and petitioners have right to stay therein. The ownership is claimed on the basis of will purported to have been executed by Smt. Sushila Kumari Mehra, mother of the parties. Execution of the said Will is challenged by the petitioners by filing written statement in the said Suit No.179/91. In Suit No.1973/91 filed by the petitioner, which is pending in this Court, the respondent have sought exclusion of the aforesaid house no.A-8/41, Rana Pratap Bagh, New Delhi on the same ground taken in S.No.179/91 namely, the respondents ere exclusive owners of the Suit property in which petitioners have no right and therefore the said property cannot be partitioned. The ownership is claimed, inter alia, on the basis of will purported to have been executed by Smt.Sushila Kumari Mehra.

(3.) In so far as Suit No.27/92 for recovery of Rs.36,000/- filed by the respondents against the petitioners and pending before Shri Gulshan Kumar, Civil Judge, Delhi is concerned, the said Suit is based on the allegations that petitioners are occupying house no,A~8/41, Rana Pratap Bagh, Delhi unauthorisedly and are trespassers ' and therefore they are liable to pay use and occupation charges along with interest. Therefore, the said Suit is sequal and off-shoot of Suit No.179/91 and the claim in the Suit for recovery of use and occupation charges rests on the same averments on the basis of which Suit No.179/91 has been filed.