SANTOSH SINDHU Vs. SWARAN KUMARI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1st May 1991 passed by the learned Single Judge of this Court decreeing suit No. 834 of 1976 thereby granting to the plaintiff (respondent herein) possession of the entire house C-84, South Extension Part-II, New Delhi (hereinafter referred to the suit property) as well as mesne profits at the rate of Rs. 2,000 per month from 4th august 1976 till 31st May 1985; Rs. 4,000 per month from 1st June 1985 till the date of the decree; Rs. 4,000 per month from the date of the decree till delivery of the possession; interest on mesne profits at 9% per annum and costs of the suit against all the defendants. Aggrieved, defendants 1 to 3 have filed this appeal. For the sake of convenience the parties are referred to by the respective capacities in the suit; the appellants will be referred to as the defendants and the respondent as the plaintiff.

(2.) THE plaintiff and defendant no. 1 are cousin sisters. Defendant No. 1 had lost her parents as an infant and was reared by the plaintiff s mother and parmeshwari Devi. Defendant Nos. 2 and 3 are the sons of the defendant No. 1. The aforesaid suit was filed by the plaintiff against the defendants for possession of the suit property and for mesne profits. The plaintiff claimed that she was the owner of the suit property which was a single storyed house comprising of three bed rooms, a drawing-cum-dining room, a store room, an ante room, a kitchen, a garage, a servant quarter on first floor, two bath rooms and one verandah temporary kitchen. According to the plaintiff, she had purchased the plot on which the house was constructed for a sum of Rs. 7,600 on 25th April 1955 from the Delhi Land and Finance Private Limited ( DLF ) from her own income and savings. The plaintiff had worked in the Delhi Public Library from 1951 to 1956. During this period, defendant No. 1 left her son, defendant No. 2, who was then an infant, with the plaintiff and her parents at the rented house of plaintiff s father at Ram Nagar. In 1956 the plaintiff went to England and returned in december 1959 whereupon she was worked in the International Agricultural Fair (US Pavilion) up to March 1960. In May 1960 she joined staff of British Council and worked there till September 1961. In 1960 the plaintiff borrowed a loan of rs. 16,000 from the Delhi Administration for constructing a house. It was granted to her under a scheme of the Government of India on the basis of her belonging to the middle income group. In addition to the loan, she made remittances from usa from time to time for further improvements and additions to the house and for furniture, fittings and fixtures. The house was mortgaged to Delhi administration for repayment of the loan. The construction was completed in 1961. The municipal records and the electricity and water connections evidenced the plaintiff s ownership of the house. The plaintiff produced before the learned Single Judge the registered sale deed executed by the DLF in her name as well as the receipts for payments made towards construction.

(3.) THE plaintiff stated that defendant No. 2 was born in 1948 and defendant No. 3 in 1952. They were minors at the time of purchase of the plot and the subsequent construction of the house. It is stated that defendant No. 1 left her husband in or about 1964 and had sought shelter from plaintiff s mother krishna Devi and maternal aunt Parmeshwari Devi. She had no income or means either to purchase a plot or build a house thereon at any time. She received no maintenance, alimony and other property from her husband or from any other source. The first employment that the defendant ever had was a job with British council which the plaintiff secured for her in 1964.