RAJ KISHAN DASS Vs. KUSUM SINGH

JUDGEMENT

(1.) The short controversy to be settled at this stage is the determination of issue No.2 which has been framed as a preliminary issue and is as under:-

(2.) The defendant was married to late Mr. O.P. Sanghi on 9/3/1969 and has been residing alongwith her family members at 4, Ring Road,' Kilokari, New Delhi since then. The plaintiff has been living with Mr. Jai Kishan Das at 3,Pusa Road, New Delhi. In the year 1981-82 late Mr. O.P. Sanghi, the husband of the defendant mentioned to Shri Jai Kishan Das that an opportunity is available to invest in a residential plot of land at Maharani Bagh, New Delhi. Shri Jai Kishan Das then expressed his desire that the plot of land be acquired partly for the benefit of his son, the plaintiff herein and partly for the benefit of the children of the defendant herein to vest in thorn when they attain majority.

(3.) A perpetual sub lease in respect of the said property was executed on 11/1/1982 in the name of the plaintiff herein as the sub lessee by Maharani Bagh Cooperative House Building Society and the President of the India. This Perpetual lease Deed was registered with the Registrar of Deeds and Assurances on 11.1.1982. The plaintiff herein at all material times has continued to live with his father at 3, Pusa Road, New Delhi.