MADHU PURI Vs. MOTI LAL PURI

JUDGEMENT

(1.) This is an application by an owner for his impleadment in a suit, pertaining to his flat alleging to be in his possession bearing No.A-302 (3rd Floor) Mayur Dhwaj Cooperative Group Housing Society, Plot no.60, Patparganj, IP Extension, New Delhi 11009. The suit for Permanent and Mandatory injunction and for declaration and possession is filed by the daughter in law along with her daughter against the father and brother and sister of her deceased husband, who have allegedly sold the flat of the deceaed to the applicant.

(2.) Plaintiff nos.1 and 2 are the widow and daughter of deceased Mr. Pradeep Puri. Defendants no.1 and 2 are the brother and sister of deceased Mr. Pradeep Puri and defendant no.3 is his father. The plaintiffs have contended that they were residing in the United States of America at the time of death of Mr. Pradeep Puri. She continued to be the wife of the deceased and plaintiff no.2 is the daughter. Therefore, after the demise of late Shri Pradeep Puri, his movable and immovable properties have devolved upon them as the marriage between late Shri Pradeep Puri and the plaintiff no.1 was never dissolved. Plaintiffs contended that defendant nos. 1 to 3 with an ulterior intent and malicious motive of dishonestly misappropriating the properties of the deceased M. Praveen Puri, have house trespassed and removed valuable movables from the said flat and have also put a lock illegally on the entrance door of the said flat. It was also contended that fraudulent misrepresentation has been made to defendant no.4 Socity, where the flat is located that the defendant nos. 1 to 3 are the owners of the said flat upon the demise of Mr. Pradeep Puri. Plaintiffs also contended that they have learnt that the defendant nos. 1 to 3 are attempting to sell the flat of the deceased and are trying to create third party rights, title and interest. The plaintiffs, therefore, prayed for permanent injunction against the defendants restraining them from alienating and creating any third-party rights in the properties of late to Mr. Prdeep Puri.

(3.) Pursuant to an application of the plaintiffs, by order dated 30th May, 2005 a local commissioner was appointed to visit the flat of the deceased and prepare an inventory of the goods lying there. The local Commissioner was also authorized to break open the lock, in case the flat was found to be locked.