SONNY SARNA Vs. URMIL WADHAWAN

JUDGEMENT

(1.) This is an application by the Plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 ('CPC') for a decree on admissions.

(2.) Plaintiff No.1, Mr. Sonny Sarna and his father, Lt. Col. (Retd.) H.S. Sarna, Plaintiff No.2 have filed the above suit against Mrs. Urmil Wadhawan, Defendant No.1, her son Mr. Anuj Wadhawan, Defendant No.2 and Defendants 3 to 19 (impleaded as proforma Defendants) for recovery of possession of the specified portions of the first and second floor (besides one garage on the ground floor) of the property at 212, Jor Bagh, New Delhi-110 003 (hereinafter the 'suit property') shown bounded by red colour in the site plan filed along with the plaint. The other reliefs are for recovery of mesne profits/damages for unauthorized use and occupation of the aforementioned portions by Defendants 1 and 2.

(3.) The Plaintiffs state that the land measuring 634.3 sq. yds, on which the suit property stands, belongs to and vests in the President of India. It was demised on perpetual leasehold basis to Dr. Nand Singh Rekhi, who, out of his own resources, built a two-and a-half storied residential house therein. Dr. Nand Singh Rekhi died intestate on 27th July 1965. In 1977, one of the married daughters of Dr. Nand Singh Rekhi, Smt. Amrit Kaur, wife of Lt. Col. (Retd) H.S.Sarna [Plaintiff No.2], who possessed 1/12th share undivided share in the suit property, died leaving behind four natural heirs and legal representatives (LRs), i.e., Plaintiffs No.1 and 2 and Defendant No.7, Shri Kushwinder Sarna and Ms. Ramneek Sarna, Defendant No.6. Consequently, these four LRs of Smt. Amrit Kaur came to possess 1/48th undivided share in the suit property. In 1986, the Land and Development Officer ('L&DO') mutated the suit property jointly in favour of two Plaintiffs, Defendants 6 and 7 and ten others, including the three sons of Dr. Nand Singh Rekhi, who have since expired. Their LRs have been impleaded as Defendants 8 to 19.