P P SHARMA Vs. RAJDEV SINGH

JUDGEMENT

(1.) The suit has been filed under Section 6 of the Specific Relief Act, 1963 by the plaintiff herein. The plaintiff claims to have been in lawful authorised occupation of flat No. G-2, Connaught Place, New Delhi comprising of four rooms, one kitchen, one bathroom, verandah and courtyard on the first floor of the property till 19.7.1990. The property in question was requisitioned for the first time in July 1948 by the Collector, Delhi and its possession was handed over. The premises in question was allotted to the plaintiff in June 1972 by the District and Sessions Judge, Delhi since the plaintiff was serving as a Judicial Officer. The property was placed in the judicial pool for such allotment and that is the reason why the allotment took place in favour of the plaintiff. The property was finally derequisitioned but the plaintiff did not hand over the possession of the suit property.

(2.) The allotment in favour of the plaintiff was cancelled on 4.3.1987 and it is the case of the plaintiff that there could not be any cancellation of allotment to the plaintiff since the flat had been placed in the judicial pool.

(3.) The plaint notes that the defendant had filed a Civil Writ Petition No.445/1988 being the owner of the property which was decided on 26.4.1990. The said decision is reported as in S. Rajdeo Singh and Ors. Vs. Union of India and Ors. AIR 1991 Delhi 1 being the decision of a Division Bench of this Court. The pleas in relation to the allotment and the derequisitioning of the property were considered in depth. It was held that the possession of respondent No.6 therein (plaintiff herein) had become unlawful and the competent authority was justified in passing the order for him to hand over possession. Thus, the plaintiff was dispossessed in accordance with law as held by the Division Bench. The Division Bench also held that the appropriate relief to be granted in the writ petition was that if there was a dispute about as to whom the property was to be handed over, an enquiry would be held by the Collector (Requisition) after possession is taken over from the plaintiff and that the plaintiff was bound to deliver possession to the competent authority.