NEELAM KAPOOR Vs. BHAG CHAND

JUDGEMENT

(1.) VALMIKI J. MEHTA, J 1. These two Regular First Appeals filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) are disposed of by this common judgment. It is noted that the impugned judgment of the trial court dated 16.1.1999 is a common judgment disposing of the two suits. One suit being Suit No. 116/98/82 was filed by Sh. Mohan Lal against his mother Smt. Assi Bai and brother Sh. Bhag Chand. Sh. Mohan Lal is the appellant in this appeal through his legal heirs. The second suit being Suit No. 115/98/89 was filed by Sh. Bhag Chand against Sh. Mohan Lal with his mother Smt. Assi Bai being the proforma defendant no.2 in the suit. The contesting respondent in these appeals is the legal heir of Sh. Bhag Chand. The suit property which is disputed is property no. B-IV/15 Amar Colony, Lajpat Nagar, New Delhi situated on a plot of 100 sq. yards. Since Sh. Mohan Lal, as also Smt. Assi Bai and Sh. Bhag Chand, have expired during the pendency of the litigation, and they are now represented by their legal heirs therefore reference to these persons in this judgment will include, wherever the context so requires, either to the original parties or reference to their legal heirs.

(2.) The facts of the two suits, shorn of those details which though pleaded but are not relevant for the disposal of these appeals, are that Sh. Mohal Lal filed his suit for possession of the portion of the suit property which was with Sh. Bhag Chand by pleading that parties were originally resident of West Pakistan. It was pleaded that the husband of Smt. Assi Bai and father of Sh. Mohan Lal and Sh. Bhag Chand had properties in Pakistan and in lieu of such properties a claim of Rs.2750/- was passed in favour of the family. Out of this amount of Rs.2750/- a sum of Rs.560/- had been adjusted for the consideration payable for the suit property to the Ministry of Rehabilitation under the lease deed dated 21.11.1967. It was pleaded by Sh. Mohan Lal that in the family only he was educated and in fact he had got a job with the Government of India because the Personal Assistant of Sh. Jawahar Lal Nehru, namely, Sh. M.O. Mathai took pains to ensure that Sh. Mohan Lal got education. It is also pleaded by Sh. Mohan Lal that by Sh. M.O. Mathai managed to get Sh. Mohan Lal's appointment as a clerk in the P.M Secretariat. Sh. Mohan Lal pleaded that he was the only earning member in the family because his mother Smt. Assi Bai and his brother Sh. Bhag Chand were both illiterate and had no job, and therefore, only the monies of Sh. Mohan Lal were used for payment of consideration towards allotment of the suit property as also construction which was subsequently made in part of the suit property. Sh. Mohan Lal hence claimed that he was the sole owner of the suit property and he was therefore entitled to possession of part of the suit property which was in possession of Sh. Bhag Chand and Smt. Assi Bai.

(3.) The case pleaded by Sh. Bhag Chand in his suit for partition is that his mother Smt. Assi Bai was 3/4th owner of the suit property as stated in the lease deed dated 21.11.1967 executed by the Ministry of Rehabilitation and the 3/4th ownership of Smt. Assi Bai was gifted by her/Smt. Assi Bai to him/Sh. Bhag Chand in terms of the registered Gift Deed dated 19.2.1982. Sh. Bhag Chand therefore claimed 3/4th share in the suit property by partitioning of the same.