VED PRAKASH Vs. USHA VERMA

JUDGEMENT

(1.) IA No. 8118/2013

(2.) The plaintiff has filed a suit for possession and recovery of mesne profits/damages against defendant No. 1/Smt. Usha Verma and her son Mr. Ajay Kumar Verma/defendant No. 2.

(3.) The case which has been set up in the plaint is that the plaintiff is the owner of the property bearing No. D-13/4, Model Town, Delhi 110009 having purchased a plot of land from Sh. Jagdish Chander Chopra through a registered sale deed dated 4.10.1967. It was stated in the plaint that the plaintiff out of natural love and affection for his younger brother Sh. Gyan Prakash, who is the husband of defendant No. 1 and father of defendant No. 2, had also included his name as a co-owner in the sale deed when Sh. Gyan Prakash was a student. It has been alleged that the plaintiff constructed a building comprising of ground floor, first floor and a barsati floor and obtained electricity and water connections in his own name. The plaintiff after construction retained the ground floor of the suit property under his lock and key while as the first floor and the Barsati floor was let out by the plaintiff exclusively for security of the house and the plaintiff recovered the rent from the tenants. It is further alleged that the parents of the plaintiff who were living at 92A, Kamla Nagar, Delhi were being pressurized by their landlord to vacate the tenanted premises and consequently the plaintiff allowed his parents and his younger brother Sh. Gyan Prakash to shift to the suit property as a gesture of good will without charging any licence fee. It has been stated that the plaintiff shifted to the first floor and the barsati subsequently while as the ground floor was given Sh. Gyan Prakash. It has been alleged that the parents of the plaintiff expired and so did his younger brother Sh. Gyan Prakash in the year 2000. It has been alleged that the defendants have no right, title or interest in the suit property and therefore, they must vacate the premises. The suit for possession in respect of the ground floor of the suit property which is under the occupation of the defendants, was accordingly filed.