KULDIP HARBANS SINGH Vs. KARUNA SINGH

JUDGEMENT

(1.) I.A.4280/89 is an application filed by the plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure praying for grant of man- datory injunction directing defendant no.2 to hand over the flat bearing No-319,6, Bhikaji Cama Place, Ansal Chamber No. 1I, New Delhi to the plaintiff. Another prayer is to restrain defendant no.2 from handing over the possession of the aforesaid flat to any other person till the disposal of this application. Yet another prayer is to restrain defendant no.4 from handing over the possession of the flat no.404, Lakshmi Bhawan, 72, Nehru Place, New Delhi to defendant no.1 or to anyone else claiming through or under her pending disposal of the suit and further seeking directions directing defendant no.2 to pay monthly rent in respect of flat bearing no.404, Nehru Place, New Delhi to the plaintiff and to deposit arrears of rent received by defendant no.l in respect of the said flat. Plaintiff is mother-in-law of defendant no.l. Defendant no.2 is Ansal Properties. Defendant no.3 is Indraprastha Builders and defendant no.4 is M/s East India Syntex Ltd. According to the plaintiff she is the sole proprietor of Sardar Harbans Singh Foundation constituted on 30.6.1982 between Sardar Anuranjan Singh deceased son of the plaintiff and the plaintiff. Defendant no.2 is the Builder/Promoter of property Bhikaji Cama Place including flat no. 319. Defendant no.3 is the Builder/Promoter of flat no.404, Nehru Place. Defendant no.4 is the tenant in the flat at Nehru Place. According to the plaintiff said Harbans Singh Foundation which was earlier a partnership and now a sole proprietory concern owns the aforesaid two properties. The case of the plaintiff is that flat at Bhikaji Cama Place was booked by one J.S.Bir on behalf of Sardar Anuranjan Singh HUF. The case of the plaintiff further is that Sardar Anuranjan Singh contributed the said flats at Bhikaji Cama Place and the flat at Nehru Place as his contribution towards the partnership titled Hanbans Singh Foundation. According to the learned counsel for the plaintiff as per the partnership agreement on the death of Sardar Anuranjan Singh on 21.1.85 the plaintiff became the sole proprietor of the foundation and thereby sole owner of two aforesaid flats.

(2.) The case of the plaintiff with regard to flat no.404, Nehru Place is that the flat was purchased jointly by the husband of the plaintiff and the plaintiff and the said owners gifted their contribution in the said flat to Sardar Anuranjan Singh HUF and the said HUF became the sole proprietor of the said flat and as stated earlier the said flat was also thrown in the aforesaid partnership which was entered into between the plaintiff and Sardar Anuranjan Singh.

(3.) After the death of Sardar Anuranjan Singh on 21.1.85 the plaintiff applied to defendant no.2 to transfer the flat at Bhikaji Cama Place in the name of the plaintiff. Defendant no.1 also applied to M/s Ansal Proper- ties and Industrial (P) Limited, inter alia, requesting the Promoter/Builder for transferring the said flat in the name of defendant no. 1. It is also argued by learned counsel for the plaintiff that as there was a dispute between plaintiff and defendant no. 1 instalments were not paid and defendant No.2 threatened to cancel the allotment. The instalments in respect of the said flat and all arrears were cleared by the plaintiff. The plaintiff also paid the ground rent and service charges to M/s Star Estates Management Pvt. Ltd. Property tax has also been paid for the year 1988- 89 by the plaintiff. In view of the disputes inter se between the parties the possession of the flat was not handed over and even mutation was not effected by the Municipal Corporation of Delhi.