SH. SHYAM LAL MEHTA (SINCE DECEASED THROUGH HIS LEGAL REPRESENTATAIVES) Vs. LATE SMT. RAM DITI (SINCE DECEASED THROUGH HER LEGAL REPRESENTATAIVES)

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and decree dated 25.02.2010 which had endorsed the findings of the trial Judge dated 19.12.2005 whereby the suit filed by the Plaintiff Smt. Ram Diti seeking permanent and mandatory injunction against her Defendant son had been decreed in her favour.

(2.) THE Plaintiff Ram Diti claimed to be the owner of the premises No. A -9 forming part of land Rect. No. 38, Killa No. 22 (38/22) situated at Kundan Park, Khureji Khas, Illaqa Shahdara. She had purchased this property vide registered sale deed dated 08.09.1965. Thereafter she had raised constructions upon it. The Defendant is her real son; he was a Government Servant posted at Bihar. The Defendant had been harassing the Plaintiff to extract money from her. On 01.08.1985, the Defendant asked the Plaintiff for the original sale deed on the ground that he required it for an electricity connection; she was returned only a photocopy of the same. On 05.08.1985, the Defendant came with some unknown persons wherein the Plaintiff learnt that the Defendant is intending to sell the property. This was reiterated on 07.08.1985. The Defendant has no right in the suit property. In spite of requests, the Defendant did not resist from interfering in the peaceful possession of the Plaintiff. Present suit for mandatory and permanent injunction was filed with a direction to the Defendant to hand -back the original sale deed dated 08.09.1965 to her as also not to alienate/dispose of the suit property.

(3.) IN the course of the trial on 21.12.1987, the Plaintiff had expired. She had left behind a Will. Vide order dated 20.07.2001, the legal representative Smt. Swaraj Kumari Dutta was brought on record. This application was disposed of on 20.07.2001. Admittedly no appeal or revision has been filed against the said order. It has since attained finality. It is also not the case of the Defendant that the order on this application was passed in his absence; order dated 20.07.2001 has recorded the presence of counsel for both the parties.