RAMESH KUMAR Vs. YASHPAL BATRA

JUDGEMENT

(1.) IA No. 7463/2004 (O-VII, R-11 CPC by Defendant No. 1) The plaintiffs have filed the suit for declaration with consequential relief of possession, recovery of damages, mesne profits and permanent injunction.

(2.) The plaint states that the three plaintiffs are the legal heirs of late Shri Amar Dass being his sons. The suit has been filed in respect of the immovable property bearing No. 399-400 (Old No. 204), Khari Baoli, Delhi whereby the plaintiffs claim that they have become absolute and lawful owners in respect of the suit property. The plaintiffs also seek recovery of possession against defendant No. 1 apart from the relief of recovery of damages / mesne profits and permanent injunction. Defendant No. 2 has been impleaded as a party in the suit on the ground that he is a tenant in occupation of a part of the suit property in pursuance of a Rent Note dated 12.10.1964 and is also the real younger brother of late Shri Amar Dass, the father of the plaintiffs.

(3.) The suit property is stated to have been earlier owned by late Shri Ram Dhan Batra in pursuance of a registered document dated 09.07.1957. Shri Batra passed away on 17.10.1962 leaving behind his widow Smt. Shanti Devi and son, i.e., defendant No. 1 herein.