ROOP LALWANI Vs. SUNITA LALWANI

JUDGEMENT

(1.) This plaintiffs' appeal impugns the judgment and order of a learned Single Judge dated 12.10.2009 by which CS(OS)941/2002, a suit under Section 6 of the Specific Relief Act, 1963 ("the Act"), was dismissed.

(2.) The parties shall be referred to in the course of judgment by the nomenclature assigned to them in the impugned judgment.

(3.) The plaintiffs are the brother and sisters of late M.N. Lalwani, who lived in R-791, New Rajendra Nagar, New Delhi, ("the suit property"). They alleged that during his lifetime, on 10.01.2002, late Sh. M.N. Lalwani accompanied them to Mumbai as he was gravely ill and at that time the keys of the suit property were handed over to them. Sh. M.N. Lalwani's wife had predeceased him on 26.12.2001. He died on 24.02.2002 in Mumbai. It is claimed that after his death the physical possession of the property was with the plaintiffs till the defendants dispossessed them on 18.04.2002. It is alleged that on the latter date, the defendants went to the suit premises with "some hired persons", a locksmith and changed the locks of the suit property and dispossessed the plaintiffs without their consent. The plaintiffs also claimed that complaints were lodged with the concerned police authorities and that the defendants, despite repeated requests, did not hand back possession of the suit property.