CHANAN KAUR Vs. AJIT SINGH

JUDGEMENT

(1.) This order shall dispose of two applications filed by the Appellants bearing C.M. No. 4264/2008 and C.M. No. 13395/2011 filed under Order XLI Rule 27 read with Section 151 Code of Civil Procedure.

(2.) By filing the application bearing C.M No. 4264/2008, the Appellants seek to place on record a statement stated to be in the hand writing of Shri Ajit Singh, the Respondent herein, which contains the account pertaining to plot No. E-262, Greater Kailash-I, New Delhi. This application was moved by the Appellants in the month of March, 2008 and the subsequent application bearing No. 13395/2011 under the same provision, has been moved by the Appellants in July 2011 seeking to place on record the original documents which are on plain sheets stated to be in the hand writing of Shri Ajit Singh containing the expenses incurred by Shri Bachan Singh and Shri Ajit Singh for construction of plot No. E-262, Greater Kailash-1, New Delhi.

(3.) Pending before this Court is the appeal filed by the Appellants Smt. Chanan Kaur and Ors. challenging the impugned judgment and decree dated 30.9.1997, whereby a suit for possession in respect of ground floor of property bearing No. L-59, Kalkaji New Delhi was decreed in favour of the Respondent and against the Appellants. Before arguing the present applications, Mr. Sindhwani, learned Counsel for the Appellants gave a brief background of the facts of the case relevant for deciding the present applications. As per the counsel, Shri Arjan Singh, Shri Bachan Singh and Shri Sadhu Singh were three brothers who were carrying on a joint business of building contractors and the defence taken by the Appellants in the suit for possession filed by the Respondent was that the property bearing No. L-59, Kalkaji, New Delhi was jointly purchased by Shri Bachan Singh and Shri Arjan Singh, i.e. father of the Respondent and husband of the Appellant No. 1 respectively, and the entire construction on the said plot of the property was carried out from the joint funds of Shri Bachan Singh and Shri. Arjan Singh. Counsel also submits that it was also the case of the Appellants in the written statement that on the said plot, two separate portions with separate entrances were constructed and through this fact it becomes apparent that the two separate portions belonged to the two separate branches of the family i.e. of Shri Bachan Singh and Shri Arjan Singh. It is further the case of the Appellants that because of the family being a very close knit unit therefore out of mutual affection the said property was purchased in the name of Shri Ajit Singh, the Respondent herein, son of Shri Bachan Singh who was the eldest amongst all the cousins i.e. the respective sons of all the aforesaid three brothers. It is also the case of the Appellant that taking advantage of the fact that the property was purchased in the sole name of Shri. Ajit Singh, he had filed a suit for possession against the Appellants. Counsel has also pointed out that the Respondent has yet filed another suit for possession in respect of the portion on the 1st floor and portion above in the same property and the said suit is pending consideration before the Original Side of this Court. It is also the case of the Appellants that the documents now sought to be placed on record by the Appellants have also been filed by the Appellants in the said suit.