MOORTI DEVI Vs. PAWAN MEHRA

JUDGEMENT

(1.) THE appeal impugns the judgment and decree dated 17 th November, 2006 of the Court of Additional District Judge (ADJ), Delhi in Suit No.342/2003 filed by the respondent/plaintiff. By the said decree, the appellant/defendant has been directed to hand over the possession to the respondent/plaintiff of the portion of the property beyond the premises in her tenancy comprising of two rooms, kitchen and open space and the appellant/defendant has also been restrained from raising any construction over the property.

(2.) NOTICE of the appeal was issued and vide ex parte ad interim order dated 26th April, 2007, the execution of the decree stayed, subject to the appellant/defendant maintaining status quo qua possession and construction of the suit property. The appeal was on 19 th September, 2007 admitted to hearing and the ad interim order confirmed. The respondent/plaintiff died during the pendency of the appeal and vide order dated 9 th July, 2010, his legal heirs were substituted. One Mr. Satish Mehra, paternal uncle of the deceased respondent applied for impleadment as a party in the present appeal and which application was allowed vide order dated 9 th July, 2010; though no amended memo of parties as directed is filed. The hearing of the appeal was expedited owing to the one of the legal heirs of the respondent/plaintiff being a senior citizen. The counsel for the appellant, counsel for the legal heirs of the deceased respondent/plaintiff and the newly impleaded respondent Mr. Satish Mehra appearing in person have been heard.

(3.) THE appellant/defendant contested the suit, by filing a written statement, on the grounds: