NEERA MISRA Vs. RAKESH CHANDRA MISRA

JUDGEMENT

(1.) The plaintiff and defendant in the present suit are siblings. The case set out by the plaintiff in the plaint is that the property bearing No. 71, Mayfair Apartment, Mayfair Garden, Hauz Khas Enclave, New Delhi - 110016 [hereinafter 'suit property"] was purchased in the name of the defendant with the funds collectively contributed by the plaintiff and her father.

(2.) It is alleged that the property was purchased in fiduciary capacity in the name of defendant for the benefit of plaintiff and her parents. In the initial set of documents, the Agreement to Sell dtd. 3/2/1994 was prepared in the name of vendor and defendant whereas the other set of documents such as GPA, SPA, etc. dtd. 3/2/1994 were drawn-up in the name of father of the parties. However, considering various factors, it was decided by the family that the suit property be purchased in the sole name of the defendant. The documents upon execution were also handed over to the plaintiff and she moved into the said property on 15/2/1994, and since then she is in continuous and uninterrupted possession.

(3.) In 2003, Draupadi Dream Trust (a Public Charitable Trust) [hereinafter 'Trust"] was registered, of which plaintiff was the Settlor, Founder Trustee and Chairperson while the defendant was also made a Trustee. It is averred in the plaint that the Trust has been functioning from the suit property.