SARVESH KUMAR Vs. SH. DALEL SINGH

JUDGEMENT

(1.) C.M. Appl. No. 39866/2016 (for exemption)

(2.) The case of the respondent/plaintiff is that the suit property was purchased from the funds provided by the respondent/plaintiff and by title deeds in the name of the respondent/plaintiff. Respondent/plaintiff pleaded that there was never any Hindu Undivided Family (HUF). Respondent/plaintiff on account of failure of the appellant/defendant to vacate one room on the ground floor of the suit property sent a Legal Notice dated 29.7.2002 calling upon the appellant/defendant to vacate the suit property, but appellant/defendant instead of vacating the property sent a Reply Notice dated 13.8.2002 stating that the entire suit property was purchased in the name of the respondent/plaintiff from the funds of joint Hindu family which were provided by the grandfather of the appellant/defendant, i.e the father of the respondent/plaintiff and thus appellant/defendant refused to vacate the room in the suit property. Accordingly, the subject suit came to be filed.

(3.) Appellant/defendant contested the suit by filing his written statement. It was stated that out of 170 sq. yards of the suit property 100 sq. yards were purchased in the year 1983 out of the funds of the appellant's/plaintiff's father, i.e the grandfather of the appellant/defendant, and thereafter the same was constructed from the joint funds of the defendant and plaintiff. The remaining 70 sq. yards of the property was stated by the appellant/defendant to have been purchased by the respondent/plaintiff out of the joint funds of the plaintiff and defendant. Appellant/defendant further claimed that he had been helping his father/plaintiff and contributing his entire earnings to the plaintiff. Accordingly, it was prayed that the suit be dismissed.