SOM NATH Vs. DAYA CHAND

JUDGEMENT

(1.) The plaintiff seeks a decree for partition of properties being Flat No. A-5/130, Janta Quarters, Janakpuri, New Delhi (hereafter 'Janakpuri property') and house No. CB-311, Naraina, Ring Road, New Delhi (hereafter 'Naraina property') by separating his 1/3 share by metes and bounds. In the alternative he seeks a declaration that he is owner in possession and has perfected his title by adverse possession in respect of portion of the Naraina property. He also seeks permanent injunction to restrain first defendant from interfering with his possession in that regard.

(2.) According to the averments in the suit, the plaintiff and defendant Nos. 1 and 2 are brothers; defendant Nos. 3 to 5 are their sisters. All are children of late Jati Ram, who pre-deceased their mother Smt. Chawli Devi. The said Smt. Chawli Devi was in Government Service, working in the Central Ordinance Depot, Delhi Cantonment. The entire family used to live in official quarters allotted to her. It is also averred that Smt. Chawli Devi purchased the suit properties which include the Naraina propoerty, measuring approximately 160 sq. yards. All these were purchased by her with joint family funds. It is further averred that to accommodate the growing needs of the expanding family, Smt. Chawli Devi permitted second defendant to occupy the Janakpuri property.

(3.) In 1977, the plaintiff joined services of the Airport Authority of India and at the time of filing the suit, he was posted in the Indira Gandhi International Airport. He claims to have occupied a portion of the Naraina property in 1983 and constructed upon it to the extent of 32 sq. yards, on being asked to occupy that portion, due to a threat of dispossession. It is claimed that the mother Smt. Chawli Devi permitted him to occupy the premises. The plaintiff applied for LPG gas connection in 1983 and was granted it on 11.11.1988; he also secured separate electricity connection for the said premises on 18.9.1989 and was paying charges. It is claimed that the plaintiff had got consumer card No. 033802, issued on 21.3.1995 which was later replaced by No. APL 11310472, issued on 1.10.2005. He and his family members were also issued photo identity cards on 21.1.1995 by the Election Commission of India.