DIN DAYAL Vs. BHAGWAN DEVI

JUDGEMENT

(1.) THE present second appeal is directed against the judgment and decree dated 30.03.2012 passed by the First Appellate Court, namely, SCJ -cum -RC (Central), Delhi in RCA No. 265/2000 preferred by the original plaintiff Smt. Bhagwan Devi against the original defendant Din Dayal, who is now represented by the legal representatives, the present appellants. By the impugned judgment and decree, the First Appellate Court allowed the first appeal preferred by Smt. Bhagwan Devi to assail the judgment and decree dated 19.05.2000 passed in Suit No. 89/1993, whereby the suit of Smt. Bhagwan Devi to seek possession of the suit property was dismissed.

(2.) THE original plaintiff Smt. Bhagwan Devi filed the suit for possession against the original defendant Din Dayal on the premise that she is the owner of the suit property bearing No.D -2273, Lalita Block, Shastri Nagar, Delhi. The plaintiff claimed that she had purchased the suit property by a registered sale deed, duly registered in the office of the sub -registrar, which was also assessed of house tax, and had an electricity connection in the name of the plaintiff. The defendant Din Dayal was the son of the plaintiff and was in use and occupation of one room and gallery on the first floor shown in red colour in the site plan filed with the suit. The plaintiff stated that the defendant was not taking care of the plaintiff by providing any maintenance. He had been asked to vacate the suit property, but he failed to do so.

(3.) THE Trial Court tried issue no.2 with regard to the valuation of the suit property for purposes of court fee and jurisdiction, as a preliminary issue and dismissed the suit, instead of rejecting or returning the suit for making up the deficiency in court fee. Thereafter, the plaintiff Smt. Bhagwan Devi preferred the present suit, i.e. Suit No. 89/1993 on the same cause of action after valuing the suit property between Rs. 70,000 - 80,000, and paying the requisite court fee on valuation of Rs. 75,000/ -.