HARJEET SINGH MAINI Vs. PARAMJIT SINGH MAINI

JUDGEMENT

(1.) BY this common order, the Court proposes to dispose of an application under Section 10 of the CPC, being I. A. No. 5370/2006 filed by the defendant in cs (OS) No. 664/2005, Shri Paramjit Singh Maini praying inter alia for stay of further proceedings in the suit till disposal of suit bearing No. 272/2002 entitled "ram Singh Maini (deceased) through LR v. Harjeet Singh Maini", pending before the Civil Judge, Delhi, and the transfer petition being Tr. P. (C)No. 12/2006 entitled "harjit Singh Maini v. Paramjit Singh Maini" filed by the plaintiff in CS (OS) No. 664/2005, Shri Harjit Singh Maini, praying inter alia for transfer of Suit No. 272/2002 from the Court of Civil Judge, Delhi, to this Court.

(2.) A reference to the factual matrix of the case is necessary before proceeding to deal with the aforesaid application under Section 10 of the cpc and the Transfer Petition. In October, 2002, the father of the parties, shri Ram Singh Maini filed a civil suit as the owner of the property bearing no. A-266, New Friends Colony, New Delhi, bearing Suit No. 272/2002 (hereinafter referred to as "the first suit"), praying inter alia for a decree of mandatory injunction against his elder son, Shri Harjit Singh Maini to remove all his belongings from the first floor of the property in question. The stand taken in the aforesaid suit was that Shri H. S. Maini was only a licencee in respect of the first floor of the suit property, which license was terminated by a legal notice dated 25. 9. 2001 and thus he was liable to remove himself from the suit property. A written statement was filed by Shri H. S. Maini in the aforementioned suit denying the right of his father, to institute the suit, whereunder, one of the pleas taken was that Shri H. S. Maini had become the owner of the first floor of the suit property by virtue of an oral settlement arrived at between the family members in the years 1983-84.

(3.) THE following issues were framed in the first suit on 9. 12. 2002: