GANGA MAHESH KATIHAR Vs. SUDARSHAN KHANNA & ORS

JUDGEMENT

(1.) The petitioner, who is the defendant no.1 in the subject suit for possession pending before the trial court, impugns the order of the trial court dated 10.9.2014 by which the trial court has closed the right of the petitioner/defendant no.1 to lead evidence.

(2.) At the outset, I must mention that the petitioner/defendant no.1 for some reason, and possibly not a bonafide one, has not filed before this Court the pleadings in the suit or the issues framed in the suit for possession. In my opinion, these pleadings and issues framed were necessary to have a larger picture with respect to the case and the issue in question. From the sketchy list of dates and the averments made in the petition, however, it is found out that the petitioner/defendant no.1 was the son-in-law of respondent no.1 herein/plaintiff in the suit, as the petitioner/defendant no.1 had married the daughter of respondent no.1/plaintiff, one Smt. Poonam. Smt. Poonam had due to matrimonial disputes left the petitioner/defendant no.1 and started residing with her mother i.e the respondent no.1/ plaintiff in the suit at Bhopal and after filing a divorce case against the petitioner got a divorce decree against the petitioner/defendant no.1 from the courts at Bhopal.

(3.) The petitioner/defendant no.1 alleges and claims that Smt. Shanti Devi, mother of the respondent no.1/plaintiff, had executed a Will and General Power of Attorney dated 14.8.1985 in his favour bequeathing to him and giving rights to him in the suit property which is a small area of 25 sq. yds. being property no.B-2/277, JJ Colony, Raghubir Nagar, New Delhi-27. The petitioner/defendant no.1 accordingly had contested the suit for possession filed against him by the daughter of Smt. Shanti Devi and his mother-in-law ie respondent no.1/plaintiff.