MOHIT KUMAR Vs. VIMAL DHASMANA

JUDGEMENT

(1.) MR .Sanjeev Agarwal, learned counsel entered appearance on behalf of the defendants. He stated that the plaintiff who appears in person, is in the habit of filing false and frivolous litigations just to delay the disposal of various proceedings pending at final stages in the District Courts.

(2.) MR . Agarwal stated that the suit property namely, 704, Sarvpriya Apartment, Sarvpriya Vihar, New Delhi is registered in the name of Mr. H.H. Swami Rama, the founder President of a Registered Society Himalayan Institute Hospital Trust. He further stated that there is a registered Will dated 09th April, 1996 of late Mr. H.H. Swami Rana by which his entire estate had been bequeathed in favour of the Society, which is disputed by the plaintiff, who claims ownership on the basis of intestate succession.

(3.) MR . Agarwal pointed out that it is the case of the Society that the suit property remained with the Society as its administrative office even during the life time of H.H. Swami Rama and plaintiff illegally trespassed and took over its unlawful possession. The Society has filed a suit No. 231/2003 (New No.786/2014) for the declaration and recovery of possession against the plaintiff. The said suit is pending in the Court of Additional District Judge, Tis Hazari Courts, New Delhi, whereas the probate matters are pending in the High Court of Lucknow.