KULWANT SINGH Vs. MANOJ WADHWA

JUDGEMENT

(1.) CM No.9938/2015 (Exemption) Allowed, subject to all just exceptions. C.R.P. 84/2015 and CM No. 9936/2015 (Stay) and 9937/2015 (Exemption from filing TCR) 1. Aggrieved by the judgment dated 26th March, 2015, dismissing the suit of the Petitioner under Section 6 of the Specific Relief Act, 1963 (in short 'the Act'), the Petitioner Kulwant Singh prefers the present petition.

(2.) LEARNED counsel for the Petitioner contends that in a suit under Section 6 of the Act, the Plaintiff is only required to show that he was in possession of the premises and has been dispossessed without due process of law. The Plaintiff is not required to establish its claim of possession through the title. In the present case the Petitioner placed on record documents to show his possession including the admission of the Respondent however, discarding the evidence on record the learned Trial Court dismissed the suit filed by the Petitioner.

(3.) IN the plaint filed by Kulwant Singh against O.P. Wadhwa and others seeking recovery of possession under Section 6 of the Act and injunction under Sections 38, 39 and 40 of the Act, the Petitioner stated that the property No. 4A/61, Old Rajinder Nagar, Shankar Road, New Delhi was owned by Notan Das Wadhwa on lease hold basis. After his death the same devolved on to his two sons Nath Prakash Wadhwa and O.P. Wadhwa. Kulwant Singh was a tenant in a portion falling under the share of Nath Prakash Wadhwa and also in occupation of some other portion of the suit property. It is also claimed that the Petitioner continues to be in possession of substantial portion of the suit property and he continues to be in occupation and possession of the substantial portion of the suit property with a change in his status with regard to half of the suit property. Nath Prakash Wadwa initiated eviction proceedings against Kulwant Singh which were dismissed by the learned ARC and also dismissed the appeal. Thereafter settlement was arrived at between Kulwant Singh and Nath Prakash Wadhwa as a result of which Nath Prakash Wadhwa sold his half share in the suit property to the wife of Kulwant Singh on 1st September, 1989 and received the entire consideration. Wife of Kulwant Singh further transferred half portion of the said property to Kulwant Singh on 7th May, 1990 by executing documents such as Agreement to Sell, Power of Attorney, Receipts, Will etc. However, Kulwant Singh continued to be in physical occupation of the entire property except a shop on the front side of the suit property which was let out by O.P. Wadhwa to one Gulshan Kumar who continued to remain in occupation and possession of the same till 18th October, 2003 when he was dispossessed in respect of the portion shown red in the site plan by Defendant No.1 without due process of law. Kulwant Singh had been running the business of digital photography in the portion shown in green in the site plan and the portion shown in the red colour was being used as store where water meter was installed and from which portion of sewer line in the property was passing. The air conditioner being used by Kulwant Singh for running the business of Digital Photography was also fixed at the common wall of the two portions and both these portions were in use and physical possession of Kulwant Singh.