MANU KHANNA Vs. V.P.SHARMA

JUDGEMENT

(1.) MR . Manu Khanna, son of Dr. Poonam Khanna and the Defendant, Dr. V.P. Sharma, has filed the present suit for declaration, partition and mandatory injunction in respect of the 'terrace and above' rights of the property at C -18, Shivalik, New Delhi.

(2.) THE Plaintiff is stated to be a mentally challenged person. He has, therefore, filed the present suit through his mother, Dr. Poonam Khanna. The plaint states the Plaintiff's mother purchased the basement and the 'terrace and above' rights of the property at C -18, Shivalik, New Delhi with her self -earned income after selling her flat in Vasant Kunj, which she had purchased with her earned income. It is stated that the Defendant Dr. V.P.Sharma purchased the ground floor of C -18, Shivalik, New Delhi with the funds contributed by Dr. Poonam Khanna and his father Mr. Roop Ram. It is stated that the Defendant converted the funds received by him for that purpose into a non -resident Indian ('NRI') gift and subsequently purchased the ground floor of C -18, Shivalik by a sale deed dated 10th October 1994. According to the Plaintiff, this fact has been admitted by the Defendant in CS (OS) No 493 of 2001 filed by him in the civil court at Tis Hazari. It is stated that the Plaintiff along with his mother are in physical possession of the entire property at C -18, Shivalik, including the portion belonging to the Defendant since 10th October 1994.

(3.) IT is stated that there was another settlement deed dated 2nd April 2003 between Dr. Poonam Khanna and the Defendant, in terms of which out of the sale proceeds of C -18, Shivalik, Dr. Poonam Khanna and Dr. V.P. Sharma were to get 55% and 45% respectively. It is further stated that in the 45% share of Dr. V.P. Sharma, the Plaintiff, Mr. Manu Khanna, had a further right because the Defendant purchased the ground floor from the funds contributed by the Plaintiff's mother as well as his grandfather.