ONKAR SAROOP MAHAJAN Vs. PS MAHAJAN

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 01.07.2010 which has reversed the finding of the trial Judge dated 31.03.2010. Vide judgment and decree dated 31.03.2010, the suit filed by the plaintiff Onkar Saroop Mahajan seeking possession of the suit property i.e. property comprising of two rooms set on the ground floor as also two rooms set on the first floor (as shown red in the site plan) bearing No. D-E/73 Tagore Garden, New Delhi had been decreed. The impugned judgment had reversed this finding; suit of the plaintiff had been dismissed.

(2.) THE parties are brothers. THE plaintiff had filed a suit for possession qua the aforenoted suit property. Suit property is in his name; he was the successful bidder at auction conducted by the DDA pursuant to which this suit land had been allotted in his favour. After taking possession, a building had been constructed upon it; loan of Rs.10,000/- had been raised by the plaintiff; the ground floor comprising of four room, kitchen, store, lavatory, staircase and passage had been made. THE completion certificate had been obtained vide letter dated 06.10.1965. Father of the parties died on 11.11.1965 leaving behind his three brothers apart from the plaintiff. THE plaintiff at the request of the defendants had permitted them to occupy the suit property; they were minors at that time and were permitted to stay in the house. However, since the plaintiff was short on accommodation, he requested the defendants to vacate the suit property but inspite of notice they have failed to do so; defendants had in fact threatened to dispossess the plaintiff. Present suit was accordingly filed.

(3.) ORAL and documentary evidence was led. The trial Judge had decreed the suit of the plaintiff.