RAVI DATT Vs. CHUNI LAL

JUDGEMENT

(1.) The Appellant is aggrieved by an order dated 9th July, 2002 passed by the learned Additional District Judge in Suit No. S-31/2000. By the impugned order, the learned Additional District Judge dismissed an application filed by the Appellant under Order IX Rule 13 of the CPC.

(2.) The Respondent is the owner of house bearing No.F-125, Village Lado Sarai, Tehsil Mehrauli, New Delhi. This house was built upon a portion of land which devolved upon the Respondent after the death of his father and as per a family settlement.

(3.) The Appellant, who is the Respondent's son, was earlier living in another house owned by the Respondent but on his asking, the Respondent permitted him to occupy a portion of the house built upon the aforesaid land. Obviously, this was because of the close relationship between the parties.