SHAM LAL Vs. HUKAM CHAND GUPTA

JUDGEMENT

(1.) THIS appeal has been directed against the impugned judgment and decree dated 1.5.2006 which had endorsed the finding of the Trial Judge dated 6.8.2004 whereby the suit for recovery of possession of the suit property bearing No.13A/7, Brahmpuri, Karol Bagh, New Delhi, had been decreed in favour of the plaintiff.

(2.) THIS is an unfortunate dispute between two real brothers. The plaintiff Hukam Chand and Sham Lal are two sons borne out of their father Shri Beg Raj. Plaintiff had filed the present suit for possession of the afore-noted suit property. His contention was that he was earlier the resident of House No.2805, Ward No.8, Kali Masjid, Ajmeri Gate, Delhi. The suit property, i.e., Quarter No.13A/7, Brahmpuri, Karol Bagh, New Delhi, had been allotted to him in lieu of the property held by him at Kali Masjid. THIS was under the Delhi Ajmeri Gate Slum Scheme. The plaintiff had been in lawful possession of the suit property since 1952. Defendant, who was his brother was living in Rajasthan. Out of love and affection, the plaintiff permitted his brother to occupy a portion of the suit property. Thereafter in spite of repeated demands by the plaintiff seeking eviction of the defendant from the suit property, he had failed to vacate it. The defendant is also liable to pay damages. The suit was accordingly filed.

(3.) THE impugned judgment had endorsed this finding of the Trial Judge.