P E LYALL Vs. BALWANT SINGH

JUDGEMENT

(1.) The challenge by means of these two Regular First Appeals (RFAs) filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 15.12.2001.

(2.) The impugned judgment and decree disposed of two suits, suit Nos. 451/1995 and 34/2001. Suit No. 451/1995 was a suit filed by the respondent/plaintiff for possession of portion of ground floor of the property No. D-1043, ward No. 8, opposite Babar Kothi, Mehrauli, New Delhi (hereinafter, referred to as the suit/subject property). Suit No. 34/2001 was a suit filed for injunction to restrain the defendants in the suit from carrying out any construction on the suit property. Plaintiff in the suit, and the respondent herein, Sh. Balwant Singh claimed the reliefs of possession and injunction on the ground that he was the owner of the suit property. There were four defendants in the suit. Defendant No. 1 Mrs. P.E. Lyall, the appellant herein, is the sister of the plaintiff/Sh. Balwant Singh. The other defendants being defendant Nos. 2 to 4 were the legal heirs of the late brother of the respondent/plaintiff namely, late Sh.George J. Singh. Defendant No. 2 was the widow of late Sh. George J. Singh and defendant Nos. 3 and 4 were the children of late Sh. George J. Singh. Defendant Nos. 2 to 4, after passing of the impugned judgment, had vacated the portion in their possession i.e. a portion in the ground floor of the property.

(3.) The dispute is now confined only to original defendant No.1-Smt. P.E. Lyall, who is the appellant in this Court, and between the original plaintiff-Sh. Balwant Singh, who is the respondent herein.