INDERJEET SINGH Vs. KAMLA RANI MEHTA

JUDGEMENT

(1.) Late Shri Paras Ram Mehta and Shri Mela Ram, who are brothers, were co-owners of the property measuring 100 sq. yds. situated in khasra No. 1/37, Village Nangli Jalab (WZ-271, Krishna Nagar Extension), Tilak Nagar, New Delhi. Shri Mela Ram passed away on 27.10.1978. Shri Paras Ram Mehta filed a suit against the legal heirs of late Shri Mela Ram for permanent and mandatory injunction in respect of the suit property to the extent of the half-share owned by late Shri Mela Ram.

(2.) Shri Paras Ram Mehta claimed rights in the property on the basis of a Will of late Shri Mela Ram dated 05.09.1977. It may be noticed that a Probate Petition No.245/1978 was filed before the Court of the District Judge, Delhi, which was contested by the legal heirs of late Shri Mela Ram. The Suit bearing No. 782/1985 for the permanent and mandatory injunction was filed thereafter. Along with the suit, application for interim relief was filed and interim orders were granted on 08.11.1985. Shri Paras Ram Mehta died on 03.06.1987 and thereafter the legal heirs of Shri Paras Ram Mehta were substituted in place of the original plaintiff. An amendment to the plaint was also sought to convert the suit into one of possession / joint possession. The suit came to be ultimately decreed ex-parte on 24.12.1994 and the decree was subsequently amended on 22.02.1995. The execution petition was filed on 22.03.2000 and the petitioners herein filed objections.

(3.) It is the case of the petitioners that the property in occupation of the petitioners was different from the property in respect of which decree had been passed. However, these objections were dismissed and the petition filed under Article 227 of the Constitution of India (for short, 'the Constitution') was also not entertained, but was stated to be withdrawn by the petitioners for them to avail of the appropriate legal remedy.