NAND LAL PATEL Vs. SHIV SARAN LAL

JUDGEMENT

(1.) A plot of land measuring about 700 sq. yards, having supper-structure bearing municipal house Nos. 4161- 65, situate in Gali. Shahdara, Delhi, was purchased for Rs. 24,000 in the name of Shiv Saran Lal, Judgment-debtor, in the year 1953. On January 3, 1957, the said Judgment-debtor and the decree-holder entered into an agreement (Ex. P-1) (main file), evidencing that the said property was agreed to be purchased by both of them as co-owners; that after the agreement, new super-structure was, to be constructed on the said land of which also they would be co-owners in equal shares. After the purchase, the existing super-structure was demolished and Shiv Saran Lal commenced construction of three-storeyed building as per the plans etc. Shiv Saran Lal had spent Rs. 65,000.00 including his half share towards the price of the land while Nand Lal Patel had invested Rs. 34,000.00. The Super-structure sought to be constructed was likely to require about Rs. 80,000.00 for completion. The decree-holder Nand Lal Patel, agreed to invest a further sum of Rs. 33,000.00. A final deed was to be drawn up on the completion of the building. As Shiv Saran Lal Judgment-debtor, had supervised the entire construction unaided by the decree-holder, he was to be compensated by payment of 20 per cent of the net rental income for the period the property remained in their co-ownership. The balance rent was to be divided between the parties half and half.

(2.) On September 11, 1959, Nand Lal Patel filed a suit for partition of the immovable property and rendition of accounts. In para 8 of the plaint, it was pleaded that the Judgment-debtor as one of the co-owners of the property in suit, had been recovering on behalf of himself and the decree-holder the rental income of the property from the very beginning, but had failed to render the accounts for the same. Ultimately, a final decree for partition of the said property was passed by this Court on Feb. 6,1976. Under the final decree, the portion shown in green in the plan PC-1 was allotted to the decree-holder while the portion marked as red in the said plan was allotted to the Judgment-debtor. Decree contained some other terms also regarding the use of passage etc., with which we are not concerned in this case.

(3.) On September 6, 1976 the decree-holder filed the present execution application (No. 69 of 1976). seeing orders for possession with the direction that the actual physical possession of the property shown as green in the plan annexed to the petition be ordered to be delivered to the decree-holder. It was averred that M/s. Raunaq & Company (P) Ltd., M/s. Tayal Bros. (P) Ltd., M/s. Punjab Engineering & Mils Stores, M/s. Gopal Swarup Davinder Nath, Mr. Prabodh Mehta, Mr. Shiv Lal, Mrs. Kultar Kaur, Mr. Mohamad Salim, Mr. Nabi Bux, M/s. Yamuna Traders and Mr. Sant Lal were in possession of some of the portions which fell to his share. It was averred that Shiv Saran Lal. Judgement-debtor, had inducted these persons as tenants. The tenancy in his favour was illegal and was not binding on the decree-holder and was also hit by the rule of lis-pendens, and he was entitled to physical possession of the portion allotted to him under the decree.