SUSHMA THADANI Vs. YATISH KUMAR SATIJA

JUDGEMENT

(1.) By this common order, I propose to deal with the aforesaid applications. Parties have addressed common arguments.

(2.) The plaintiff is the daughter while defendant No. 1 is the son of late Lt. Col.Ram Krishna Satija and late Smt. Bimla Satija. Late Lt. Col. Ram Krishan Satija was admittedly the owner of the suit property bearing No. B-44, Defence Colony, New Delhi. He had acquired the leasehold rights in respect of the suit property vide perpetual lease deed dated 3.6.1978. Lt. Col. R. K. Satija expired on 25.2.1991. The mother of the plaintiff and defendant No. 1 thereafter passed away on 15.2.1995.

(3.) The plaintiff avers that she has been in occupation of the first floor, barsati and the garage block of the suit property and that she has been residing with her family and parents therein since the year 1971. The ground floor of the property was let out to tenants even during the lifetime of the father. It is claimed that defendant No. 1 never resided on the ground floor of the property, since he was permanently residing in Mumbai and is engaged in his shipping business. After the death of the mother, the ground floor was let out and defendant No. 1 was receiving the rents from the said letting.