ISHWARI DEVI Vs. OM PRAKASH

JUDGEMENT

(1.) I shall be referring to the respondents as the plaintiff and the appellant as the defendant.

(2.) PLAINTIFFS filed a suit for a permanent injunction inter alia alleging that the father of the plaintiffs owned the suit property and on his death same was inherited by the plaintiffs. That Hari Ram, husband of the defendant was inducted as a tenant in the suit premises by their father at a monthly rent of Rs. 13/ -. That their father had instituted an eviction petition against the husband of the defendant under Section 14(1)(e) of the Delhi Rent Control Act. That decree was not executed. That after death of Hari Ram, defendant became a tenant and continued to pay the rent. That rent up to 12.9.1982 had been paid and thereafter none was paid. That the tenanted premises consisted of a room with tin sheds as per site plan. That on 19.8.1996 the defendant attempted to raise permanent constructions by demolishing the existing structure.

(3.) DEFENCE taken was that after decree of eviction was obtained against her husband, same not being executed, plaintiff lost all rights against the defendant. That she became owner by adverse possession. That as owner of the property she was entitled to deal with the property in whatsoever manner she chose to.