GYAN CHAND Vs. RAM CHANDER

JUDGEMENT

(1.) This second appeal is filed against the concurrent judgments of the courts below; of the trial court dated 15.10.2011 and the first appellate court dated 7.11.2013; by which the suit of the respondent/plaintiff/father for permanent and mandatory injunction has been decreed with respect to the property bearing no.B-12, Sawal Nagar, near Sadiq Nagar, New Delhi.

(2.) The subject suit was filed by the respondent/plaintiff/father on the ground that the suit property is self-acquired and purchased by him by means of a registered sale deed dated 28.5.1960. The appellants/sons were harassing the father/plaintiff and had even threatened to part with possession, and therefore the subject suit was filed.

(3.) Appellants/defendants in their written statement took a plea that the property was an ancestral property which was purchased and built by the father of the respondent-plaintiff one Sh. Jiwan Ram i.e the property was owned by Jiwan Ram who is the grand-father of the appellants/defendants. Appellants/defendants also relied upon a Will of grandfather Sh. Jiwan Ram registered on 13.6.1975 to contend that the suit property was the property of the grandfather. The appellants-defendants also took the defence that the sale deed by which the suit property was purchased by respondent/plaintiff was a benami transaction and actually it is the grandfather Jiwan Ram who was the owner of the suit property and consequently, since the property is ancestral property, appellants/defendants are also co-owners alongwith the respondent/plaintiff/father.