MANMOHAN SINGH GROVER Vs. MOHINDER SINGH GROVER

JUDGEMENT

(1.) THIS first appeal is preferred against the judgment and decree dated 31st March, 2004 of the learned Additional District Judge (ADJ) in Suit No.306/2003 filed by the sole respondent to this appeal. Though the said suit was filed, besides against the appellant, against Smt. Maya Devi and Smt. Jaswant Kaur also but it is stated that Smt. Maya Devi and Smt. Jaswant Kaur have since died and have as such been deleted and now the lis is between the appellant and the respondent only.

(2.) THE respondent/plaintiff had filed the said suit for recovery of possession of the rear portion of the first floor of house No.25/22, Tilak Nagar, New Delhi. It was the case of the respondent/plaintiff that the said house comprising of ground floor, first floor and second floor belonged to the appellant/defendant and the respondent/plaintiff who are brothers as well as their another brother Sh. S. Avtar Singh Grover (who was not a party to the suit and is not a party to the appeal also); that there was an oral partition between the appellant/defendant, respondent/plaintiff and the said Sh. S. Avtar Singh Grover in which the rear portion of the first floor for possession of which the suit was filed, had fallen to the share of the respondent/plaintiff; that though the respondent/plaintiff in pursuance to the said partition was in possession of the said rear portion of the first floor but had temporarily allowed the use of the same to the appellant/defendant as a licensee and the appellant/defendant had insptie of termination of his license refused to vacate the same.

(3.) THE appellant/defendant filed a written statement denying the oral partition pleaded by the respondent/plaintiff and claiming himself to be in possession of the said rear portion of the first floor as one of the three co- owners of the said house.