BIRBAL SAINI Vs. SATYWATI

JUDGEMENT

(1.) The instant appeal is preferred against the judgment and decree dtd. 19/8/2019 in RCA No. 60818/16, passed by the Court of ADJ1, West, Tis Hazari Courts, Delhi, whereby, judgment and decree dtd. 6/6/2015 in suit No. 333/2009, passed by the Trial Court, decreeing the suit for recovery of possession, mandatory and permanent injunction and recovery of damages/mesne profits, has been affirmed.

(2.) The case concerns the respondent/plaintiff and appellant/defendant, who are real brothers and sisters. The respondent/plaintiff is a widow and resides with her father and son at House No. 581, near Saini Chaupal village, Mundka, Delhi (hereinafter referred to as the suit property). Sh. Bharat Singh (father) had allocated 161 sq. yds. plots to each of his four sons, including the appellant/defendant, where they constructed their houses and lived with their families. The suit property had devolved on Sh. Surjan Singh, grandfather of the contesting parties based on a family settlement that took place between him and his brother. Therefore, the same became a separate property owned by him which later, on his death, was inherited by the father of the contesting parties namely, Sh. Bharat Singh.

(3.) Due to being neglected by his sons, the father, Sh. Bharat Singh moved into the suit property with the respondent/plaintiff and her son and it is, thereafter, that he sold the suit property to the respondent/plaintiff through a GPA, Agreement-to-Sell, Affidavit, Receipt, Letter of Possession, and Will dtd. 3/4/2009.