SHANTI DEVI Vs. GULAB SINGH

JUDGEMENT

(1.) Cm Appln. No. 28403/2015 (condonation of delay)

(2.) The case of the appellant/plaintiff was that the plaintiff is the owner and landlord of the property bearing No. 10614, Manakpura, Delhi. It was claimed that the suit property originally belonged to Shri Hardeva of whom the plaintiff is the adopted son. The plaintiff claimed that the two wives of Hardeva, namely, Smt. Ghisi and Smt. Budhi executed a registered gift deed dated 17.02.1955 in favour of the plaintiff, gifting the suit property to him. The plaintiff claimed that the defendant was the licensee in respect of two rooms, one store and a water closet in a portion of the suit property which was created on account of love and affection towards the mother of the defendant by the uncle of the plaintiff, namely, one Shri Ram Rattan. No charges were fixed under the said license. Later on, on the insistence of the mother of defendant No. 1, a token amount of 50 paisa per month was agreed to be accepted by the plaintiff from the parents of the defendant for use and occupation of the said portion in the suit property. The plaintiff claimed that payment was made by defendant No. 1 till 1989, whereafter it was unilaterally stopped. The mother of defendant No. 1 expired in 1992. Defendant No. 1 has continued in occupation of the suit property without the consent of the plaintiff. It was further claimed that defendant No. 1 had inducted a tenant in one room of the said portion located on the first floor of the suit property without the consent of the plaintiff. Since the defendant No. 1 did not vacate the premises and also threatened to create third party interest in the portion in his occupation, the suit was preferred to seek a restraint against him from alienating possession of the ground floor to any third party or creating any third party interest there.

(3.) Defendant No. 1 filed his written statement disclosing that he has already sold the suit property to one Smt. Laxmi Devi by executing the necessary documents and handing over possession to her on 27.11.1998. Consequently, the suit was amended by the plaintiff. Smt. Laxmi Devi was impleaded as defendant No. 2. The plaintiff also sought a decree for possession qua the portion of the suit property in possession of the defendants.