SHANTI DEVI Vs. KAILASH KUMAR VERMA

JUDGEMENT

(1.) Aggrieved by the order dated 11th November, 2014 dismissing an application of the petitioner Shanti Devi under Section 11 CPC, the petitioner prefers the present petition.

(2.) A brief exposition of the facts is that Kailash Kumar Verma, the respondent herein filed a suit bearing No. 1097/2006 against petitioner Shanti Devi seeking decree of permanent injunction restraining her from raising any construction in the property No. RZ-A-19, Sita Puri, Gali No. 2, New Academy, Part-I, New Delhi admeasuring 100 sq.yds. (in short "the suit property"). In the said suit, Kailash Kumar claimed that he was the sole owner of the entire suit property on the basis of documents like agreement to sell, Will, receipt etc. dated 14th August, 1986. Shanti Devi filed a written statement contesting the suit mainly on the ground that the documents relied upon by Kailash Kumar were forged and fabricated and that the suit property was jointly purchased by Kailash Kumar and deceased husband of Shanti Devi, who had equally contributed towards the consideration. It was not disputed that Shanti Devi along with her husband had been living in half portion of the suit property since August, 1986 and continued to live there even after her husband expired in the year 1993 in a road accident. During the pendency of Suit No. 1097/2006, Kailash Kumar filed a subsequent suit being Suit No. 276/2008 later renumbered as 121/2013 against Shanti Devi seeking recovery of possession of 50 sq.yds. of the suit property and for damages at the rate of Rs. 1800/- per month. In the subsequent suit also, Kailash Kumar claimed himself to be the owner of the entire property on the basis of same very documents which were relied upon by him in the former suit No. 1097/2006. The cause of action paragraph in the two suits is identical. In the subsequent suit also Shanti Devi filed a written statement took the plea that the suit was barred by Order II Rule 2 CPC as the former suit pertaining to the same property and same cause of action had already been filed by Kailash Kumar and was pending. In October, 2008, Shanti Devi filed an amended written statement along with the counter claim in the former suit bearing No. 1097/2006 and sought declaration that she was the owner of half portion i.e. 50 sq.yds. of the suit property which was under her possession/occupation. In the former suit the learned Civil Judge settled the following issues on 22nd April, 2009-

(3.) Learned Civil Judge vide its judgment dated 22nd August, 2012 decided the Suit No. 1097/2006 in favour of Kailash Kumar granting injunction against Shanti Devi and held that Kailash Kumar has been able to establish his ownership over the suit property on the basis of the documents relied upon and injuncted Shanti Devi from raising any construction in the suit property. However, issue No. 2 regarding the counter claim of Shanti Devi over half portion of the suit property was declined on the ground that Kailash Kumar has been able to establish his ownership over the suit property and thus the relief of declaration of ownership could not be granted in favour of Shanti Devi.