HARMIT SINGH Vs. S. DALIP SINGH & ORS.

JUDGEMENT

(1.) THIS is an unfortunate disputed between a father and a son. The petitioner before this Court is Harmit Singh who is the son of the respondent Dalip Singh. The petitioner is aggrieved by the finding returned on his application 151 of the Code of Civil Procedure (hereinafter referred to as the 'Code') which had been dismissed. Record shows that the present suit has been filed by the father Dalip Singh for possession and recovery of damages; he claims himself to be the owner of the property bearing No. 2429, Tilak Street, Paharganj, New Delhi. Contention is that his son has become arrogant and disrespectful towards him; the petitioner is in unauthorized possession of one room and courtyard on the ground floor (as depicted in red colour in the site plan); possession of the aforenoted premises as also damages @ Rs.1,500/ - per month has been claimed.

(2.) RECORD shows that in the course of the proceedings, on 05.12.2005, last opportunity had been granted to the defendant/son to complete his evidence; no evidence was produced thereafter; the evidence only Jaskirat Singh was on record. On 14.08.2006, the evidence of the defendant stood closed. Vide the aforenoted application 151, the petitioner has sought permission of the Court to produce his remaining evidence.

(3.) KEEPING in view the arguments urged as also the fact that this is a litigation between close family members, in the interest of justice, one last opportunity is granted to the defendant to produce his witnesses. On a specific query put to the petitioner, he has stated that two witnesses have already been examined; his list of witnesses 26.03.2002 has also been perused. Only two more witnesses will be permitted to be examined by the defendant which will be as per the choice of the defendant; however no unnecessary adjournment shall be granted for the said purpose and since the case is very old, the petitioner shall be granted one more date after the next date already fixed in the trial Court (26.05.2012) to adduce his evidence. This order is passed subject to payment of costs of Rs.5,000/ - and the trial court shall also endeavor to dispose of the case as expeditiously as possible. With these directions, petition disposed of.