PREM NATH WADHAWAN Vs. INDER RAI WADHAWAN

JUDGEMENT

(1.) THIS suit has been filed by the plaintiff for passing a decree for declaration in his favor and against the defendant to the effect that he is the absolute and sole owner of property bearing No. B -5/204, Safdarjung Residential Scheme, New Delhi.

(2.) THE facts of the case as stated in the plaint are that the plaintiff and the defendant are real brothers. It is further stated in the plaint that a plot of land bearing No. B -5/204, Safdarjung Residential Scheme, New Delhi measuring 213 square meters was purchased in public auction from the Delhi Development Authority (for short called 'DDA') on 27th June, 1971 and a residential house was constructed thereon. It is then averred that from the very inception, that is, since November 1975, the plaintiff along with the members of his family had been exclusively living in this house. It is then alleged that the plaintiff had been openly giving out and declaring himself to be the sole and exclusive owner of the said property and he never acknowledged or admitted any right, interest or title of the defendant in this property. It has also been submitted that even otherwise the plaintiff has become the absolute owner of the said property by virtue of adverse possession.

(3.) IT is further stated in the plaint that the plaintiff had called upon to admit the claim of the plaintiff that he was the sole and absolute owner of the said property by way of adverse possession but the defendant had refused to admit the claim of the plaintiff. Hence this suit has been filed against the defendant.