MOHAN PAL Vs. DHAN SINGH

JUDGEMENT

(1.) This is a peculiar case where the father and son are at logger heads over one room on the ground floor and a latrine on its roof of property bearing No. 6-A, Village Kilokari, Post Office Jangpura, New Delhi. The father is Dhan Singh, the respondent and son is Mohan Pal, the appellant. The respondent claims that he is the owner of above-said house. In the year 1993, the respondent permitted his son, Mohan Pal to use and occupy the abovesaid premises in dispute. The possession was permissive simpliciter. Thereafter, vide notice dated 8th July, 2002, the respondent terminated the licence of the defendant/appellant. However, the notice did not ring the bell. Ultimately, the respondent filed a suit for possession against the appellant.

(2.) The appellant defended the present suit on the following grounds. The property in question was given to him by his grandfather, late Shri Lal Singh and it has no connection with the ancestral property of 180 square yards. He used to do the work of carpentary along with his grandfather, late Shri Lal Singh. They used to transact their business of carpentary in the suit property itself. The said land was provided to late Shri Lal Singh by the Zamindars of Village Kilokari. In the alternative, it is averred that the present property is an ancestral property which was purchased in the year 1961 after selling the land which belonged to the ancestors in Village Bandpur, Post Office Khekra, District Baghpat, (UP) and the construction was also raised out of the funds of the ancestral property. He being the co-owner of the property in dispute, no suit for possession can lie against him.

(3.) The trial court decreed the suit of the respondent and the First Appellate Court affirmed the judgment given by the trial court.