LAWS(DLH)-2008-9-76

ARUN KUMAR MITTAL Vs. N K MITAL

Decided On September 29, 2008
SHRI ARUN KUMAR MITTAL Appellant
V/S
SHRI N.K.MITAL Respondents

JUDGEMENT

(1.) VIDE impugned judgment and decree dated 5. 10. 2000 the suit seeking recovery of possession and mesne profits filed by N. K. Mittal, the respondent, against the appellants has been decreed.

(2.) THE appellants, Arun Kumar Mittal and his wife Sneh Mittal, were impleaded as defendant No. 1 and defendant No. 2.

(3.) CLAIM for possession was pleaded on a family settlement stated to have been arrived at on 12. 11. 1965 amongst the heirs of late Shri Jwala prasad Mittal. As per the averments made in the plaint, the properties left behind by late Jwala Prasad Mittal were partitioned amongst his heirs and that property bearing No. 865, Dr. Joshi Road, Karol Bagh, New Delhi fell to the share of G. D. Mittal, father of the plaintiff, Rattan Chand Mittal, a brother of the father of the plaintiff, and Prem Chand Mittal, the third brother. It was stated that on the death of Prem Chand Mittal, his share was inherited by Arun kumar Mittal i. e. appellant No. 1 and the other son of Prem Chand namely, Subhash chand Mittal. It was pleaded that inheritors of the property No. 865, Dr. Joshi road, Karol Bagh, New Delhi drew up a record of the family settlement dated 12. 11. 1965 by writing a memorandum dated 14. 1. 1990 and submitted necessary applications and documents required by the MCD on 28. 8. 1992 seeking separation of their shares so that each share could be separately assessed to house tax in the hands of the different owners of the property. It was asserted that the suit property was assigned, on partition, to the plaintiff and was trespassed upon by the appellants in the absence of the plaintiff, who was away to the united Kingdom.