SANTOKH SINGH Vs. VAIBHAV JAIRAJ

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 18.5.2010 dismissing the suit filed by the appellant/plaintiff/father against the respondent/defendant/son. The suit was a suit for possession with respect to one room and one shop in the property No. C-129, Udey Vihar, Veer Bazar, Chander Vihar, Nilothi Extension, New Delhi.

(2.) The facts as set out in the plaint by the appellant/plaintiff/father was that the appellant/plaintiff/father was the owner of the suit property as the same was purchased out of his own funds and construction was also raised on the same out of his own funds. It was pleaded that the parents i.e. the appellant/father and his wife (mother of the respondent) were aged parents and they have been ill-treated by the respondent/defendant/son who has also been guilty of cruel behaviour with them. It was pleaded that the appellant/plaintiff/father has disowned and debarred the respondent/defendant/son from the suit property by getting a notice published in the newspaper.

(3.) The respondent/defendant/son contested the suit and pleaded that the suit property was actually purchased by the appellant/plaintiff/father from the share which the respondent/defendant had in the property no. WZ-443-E, M.S. Block, Hari Nagar, New Delhi. It was pleaded that Sh. Bood Singh, father of the appellant/plaintiff owned the property no.2599, Gali No. 4, Main Bazar, Shadipur, New Delhi which was sold by Sh. Bood Singh in the year 1972-73 and sale proceeds of which property were divided equally amongst sons with their families i.e. of his elder son Sh. Baldev Singh and his younger son-Sh. Santokh Singh/plaintiff. On receiving the share from his father-Sh.Bood Singh, the appellant/plaintiff purchased the property no.WZ-443/E, M.C. Block, Hari Nagar, New Delhi admeasuring 150 sq. yds. in his own name. It was pleaded that the sons of the appellant/plaintiff were minors at that time. It was further pleaded that the appellant/plaintiff had sold 50 sq. yds. of his Hari Nagar's property to pay his debts and had sold remaining 100 sq. yds., and out of the sale proceeds of 100 sq. yds., the appellant/plaintiff was said to have given an amount of '2,25,000/- to each of his other two sons namely Sh. Gopal Singh and Sh. Kuldeep Singh towards their share in the said property, however, no share was given to the respondent/defendant as he was unmarried and youngest at that point of time. The respondent/defendant thus pleaded right in the suit property which was purchased from ancestral funds i.e. funds of Sh. Bood Singh.