J C BATRA Vs. RADHEY SHYAM

JUDGEMENT

(1.) This revision petition is directed against the order dated 17th December, 1973, passed by Shri K.S. Gupta, Commercial Sub Judge, whereby he stayed the suit of the petitioners on an application filed by the respondents under section 10 of the Code of Civil Procedure, holding that because of pendency of earlier suit filed by Radhey Shyam respondent against the petitioners pending in the Court of Shri B.B. Gupta Senior Sub-Judge, involving directly and substantially the same matters especially regarding tide of the premises in question, the present suit was liable to be stayed.

(2.) Respondent Radhey Shyam filed a suit against the petitioners for declaration that he is the owner in possession of the premises bearing No. 5. B Radhey Puri, Delhi by virtue of his having adverse possession for a period more than 12 years against the petitioners on allegation that he occupied the land measuring about 100 square yards in the year 1959 on which thereafter he constructed a boundary wall and was also paying the house rent of the premises in question. He also prayed for the grant of a permanent injunction against the petitioners restraining them from interfering with his peaceful possession over the property in question.

(3.) The petitioners traversed the claim of Radhey Shyam in their written statement stating that their father had purchased the plot in question from M/S International Land and Finance Ltd., Lajpat Nagar, Delhi, on the basis of sale-deed dated 21st May, 1954, and that actual possession of the premises was also taken by their father. A boundary wall, the petitioners contended, was constructed by their father on the two sides of the plot and on the other two sides there were walls of the other buildings. The possession of Radhe Shyam was said to be of about three years duration who occupied the premises illegally. The petitioners alleged that they had asked him to vacate the plot to which he agreed but subsequently he turned round and asked them to sell the plot to him. The petitioners having refused to sell the plot in his favour, Radhe Shyam chose to file the suit which is pending in the Court of Shri B.B. Gupta Senior Sub Judge.