SARASWATI Vs. ANGOORI DEVI (NOW DECEASED) AND ORS

JUDGEMENT

(1.) This petition under Section 115 of Code of Civil Procedure, 1908 (CPC) is filed by the petitioner/defendant in the suit against the impugned judgment and decree dated 10.9.2012 passed by the trial court decreeing the suit of the respondents/plaintiffs (LRs of original plaintiff Angoori Devi) under Section 6 of the Specific Relief Act, 1963 (in short 'the Act').

(2.) A reading of the plaint shows that the only basis of the respondents/plaintiffs to claim to be in possession of the suit property was that an eviction decree bearing no. 8/2001 dated 28.11.2001 was obtained by Smt.Angoori Devi against one tenant Rajender Kumar and in execution of that decree, the petitioner/defendant Smt.Saraswati Devi was found in possession of the suit property and she was accordingly dispossessed in execution of the decree, but, since the petitioner/defendant again came back in possession of the suit property, therefore the subject suit under Section 6 of the Act was filed to reclaim the possession. The suit property is A-17, Jhilmil Colony, Shahdara, Delhi situated on a plot admeasuring approx. 57.50 sq. yds.

(3.) A further reading of the plaint shows that the only basis for claiming possession under Section 6 of the Act is the decree passed against one Rajender Kumar and there is no averment in the plaint as to how and when Rajender Kumar, the alleged tenant was inducted as a tenant by Smt.Angoori Devi, and also as to if Rajender Kumar was put into possession and continued in possession of the suit property as a tenant through Smt.Angoori Devi then what are the facts which show that possession. Also, there is no averment in the plaint as to what were the legal rights of Smt.Angoori Devi as regards the suit property ie whether she was the owner etc and pursuant to which right she came into the possession of the suit property and consequently was entitled to create the alleged tenancy in favour of one Rajender Kumar.