SHEELU RAM Vs. PRADEEP JOHN & ORS

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed impugning the concurrent Judgments of the courts below; of the Trial Court dated 3.1.2012 and the First Appellate Court dated 8.9.2014; by which the suit filed by the appellant/plaintiff for injunction and possession was dismissed with respect to the suit property bearing flat no. 319. DDA Flats, Block-E, Type A, Pocket 3, Bindapur, Dwarka, New Delhi.

(2.) The case of the appellant/plaintiff as per the plaint was that the suit property was owned by respondent no.3/defendant no. 3/Sh. Pramod John. Respondent no.1/defendant no. 1/Sh. Pradeep John is the brother of respondent no.3/defendant no. 3/Sh. Pramod John. Respondent no. 2/defendant no. 2/Smt. Sonia is the wife of respondent no.1/ defendant no.1. Appellant/plaintiff claims to have purchased rights in the suit property from respondent no.3/defendant no.3 by means of transfer documents being Agreement to Sell, General Power of Attorney, Receipt, etc, dated 25.1.2006, Ex.PW1/2 to PW1/4. Original owner of the suit property was one Sh. M.P. Raheja and who has transferred rights in the suit property to the defendant no. 3 by virtue of the documents dated 24.1.2001. Plaintiff pleads that defendant no. 1 being the brother of defendant no. 3 and defendant no. 2 being the wife of defendant no. 1 were allowed by defendant no. 3 to reside in the property on gratuitous license basis.

(3.) Only respondent no.2/defendant no.2, wife of defendant no. 1 and the sister-in-law of defendant no. 3 contested the suit. Defendant no. 2 pleaded that the house was her matrimonial house and she was allowed to have this matrimonial home in view of a family Settlement in the family dated 10.2.2005. The suit was hence prayed to be dismissed.