SUBHASH CHANDER BHATIA Vs. RAJ KUMAR BHATIA

JUDGEMENT

(1.) By the present petition filed under Art. 227 of the Constitution of India, the petitioner seeks to impugn the order dated 11.04.2016 by which an application filed by the respondent under Order 6, Rule 17 Civil P.C. for amendment of the written statement was allowed.

(2.) Some of the relevant background facts of the case are that the suit is filed for possession and arrears of damages and mesne profits against the respondent for property No. 1/6, Ramesh Nagar (First Floor) New Delhi. Originally, the plaint was filed by the mother Smt. Sharda Rani Bhatia against her son, the respondent. It was stated that late Sh. Desh Raj Bhatia out of his own funds purchased the property measuring 100 sq. yards in Ramesh Nagar vide lease deed dated 13.02.1962. On the death of Sh. Desh Raj Bhatia, his children relinquished their rights and interests in favour of their mother Smt. Lajwanti Bhatia i.e. the widow of late Sh. Desh Raj Bhatia. Smt. Lajwanti Bhatia who became owner of the property in her life time executed a Will in favour of her son Sh. Ratan Lal Bhatia. On the death of Smt. Lajwanti Bhatia, Sh. Ratan Lal Bhatia hence became the exclusive owner of the property. The original plaintiff is the widow of late Sh. Ratan Lal Bhatia and the respondent is the son of late Sh. Ratan Lal Bhatia

(3.) On the death of late Sh. Ratan Lal Bhatia who died intestate, the respondent and two other children, namely, Sh. Subhash Chander Bhatia who is now the petitioner and Smt. Shakti Bhatia executed a registered relinquishment deed of their shares in favour of their mother, namely, Smt. Sharda Rani Bhatia. Hence, it is stated that Smt. Sharda Rani Bhatia, the original plaintiff became the absolute owner of the suit property. She is said to have permitted her son, the respondent and Sh. Subhash Chander Bhatia, the petitioner to stay along with her in the suit property. The suit was filed against the respondent for recovery of possession, etc.