K.L. GARG Vs. RAJESH GARG & ORS.

JUDGEMENT

(1.) THE plaintiff has instituted this suit for recovery of possession of a portion consisting of two bedrooms, common drawing -dining, kitchen and bathroom of flat on the second floor of property No. 21/13, Old Rajinder Nagar, New Delhi and for mesne profits/damages for use and occupation. It is the case of the plaintiff, that he is the owner of the said flat vide registered Sale Deed dated 18th October, 2004 copy whereof is filed along with the plaint; that the defendants no. 1 to 4 are the son, daughter -in -law and grandchildren of the plaintiff; that the plaintiff on account of the said relationship had allowed the defendants to reside with him in the said flat; however the relationship between the plaintiff and the defendants has soured and the plaintiff does not want the defendants to reside in his flat and though called upon the defendants to vacate the same, the defendants failed to do so. Summons of the suit and notice of the application for interim relief to restrain the defendants from parting with the possession of the said flat to any other person were issued though no interim relief granted.

(2.) THE defendants have filed the written statement pleading, that the suit has been filed merely to harass them; that no cause of action has accrued to the plaintiff against the defendants; that the plaintiff has not approached the Court with clean hands and has concocted the story of the defendants ill treating or harassing the plaintiff; that the defendants no. 1 and 2 had contributed to the purchase consideration of the flat and the defendant no. 1 also used to pay the electricity bills of the said flat; that the plaintiff is a habitual litigant and had also lodged a complaint against another son namely Shri Pankaj Garg and with whom he subsequently compromised; that similarly earlier disputes had arisen between the plaintiff and the defendants and which have subsequently been compromised; that the suit is undervalued; that in fact the defendants had started living in the flat only at the instance of the plaintiff and that the defendants are looking after and caring for the plaintiff. The defendants however do not dispute the receipt of legal notice from the plaintiff demanding possession but allege the same to be false.

(3.) THE counsel for the defendants, who states that he is the new counsel though has filed his Vakalatnama, has argued that the plaintiff has not approached the Court with clean hands. He has drawn attention to para 4 of the plaint and contended that the plaintiff has falsely stated that the defendants had harassed the deceased wife of the plaintiff. It is argued that the relationship of the defendants with the deceased wife of the plaintiff, being the mother of the defendant no. 1 and mother -in -law of the defendant no. 2 was very good.