RAM PRASHAD ROHATGI Vs. SURINDER KUMAR SHARMA

JUDGEMENT

(1.) By means of this suit the plaintiff seeks partition of property bearing No. G-41, Radhey Puri, Delhi (hereinafter referred to as the 'suit property'). Prayer for permanent injunction is also made to the effect that the defendants be injuncted from selling, transferring, alienating or creating or creating third party interest in the suit property and also from raising any construction on any portion of the suit property. These prayers are made on the basis of the averments to the effect that the plaintiff and the father of the defendants, namely, late Shri Nand Lal Sharma, were the joint owners of the suit property. They were close friends and as they were living in rented accommodation, they decided to buy a plot of land bearing No. G-41, Radhey Puri, Delhi from International Land and Finance Company Ltd. (for short, 'colonizer'), who were carving out the place in the colony known as Radhey Puri. Both of them paid Rs. 20 to the aforesaid company and later on approximately Rs. 550 for the purchase of the said land. It is stated that because of inter se disputes in colonizer's company, the colonizer developed the aforesaid colony and, therefore, allowed the plaintiff and late Shri Nand Lal Sharma to raise construction. Because of the inter se disputes, transfer documents like sale deed etc. could not be executed in favour of the plaintiff and late Shri Nand Lal Sharma. Since these two persons were put in possession, they jointly constructed ground floor and one room on the roof top. Plan of the suit properties is filed along with the plaint and it is pointed out that portion marked as Green in the said plan is in possession of the plaintiff since the construction and the portion marked as Red in the site plan is in possession of the legal representative of Shri Nand Lal Sharma, namely, the defendants herein, after the death of Shri Nand Lal Sharma. Portion marked as Blue is in common possession of both the parties which comparises of Courtyard, latrine and bathroom. The portion marked as Black shows the construction raised by the plaintiff from his own sources after the demise of Shri Nand Lal Sharma.

(2.) It is averred that in order to ensure that there are no disputes in future, an agreement was executed between the plaintiff and late Shri Nand Lal Sharma on 6.1.1956 wherein it was recorded by the parties that they had pvrchased the plot as co-owners having 50% share each and had jointly raised the construction on the said plot. The parties lived peacefully during the lifetime of Shri Nand Lal Sharma and even after his demise in November 1958. However, after the death of Smt. Kamlawati, widow of late Shri Nand Lal Sharma, who died on 13.11.1996, the defendants started creating troubles and harassing the family members of the plaintiff. Allegations of such troubles created are mentioned in the plaint and it is stated that because of this reason, the plaintiff is forced to file this suit praying for a decree of partition and permanent injunction.

(3.) In the written statement filed by the defendants, plea taken is that late Shri Nand Lal Sharma bought the plot of land in his exclusive name and plaintiff was never a joint owner with Shri Nand Lal Sharma. Similarly, construction was also carried out by Shri Nand Lal Sharma exclusively out of his own funds. The plaintiff was only inducted as a tenant in the suit property and as he is not a joint owner, he has no cause of action for filing the present suit and claiming injunction.