PARAMJIT ANAND Vs. MOHAN LAL ANAND

JUDGEMENT

(1.) Three matters are being decided in terms of the present judgment. The three matters are:-

(2.) (I) CS(OS) No.575/2001 is the suit for partition etc of the property bearing no. J-5/129, Rajouri Garden, New Delhi. This suit was filed by two plaintiffs Sh. Paramjeet Anand and Sh. Suresh Chander Anand. Sh. Suresh Chander Anand who was the plaintiff no.2 in the suit has during the pendency of the suit got transposed himself as the defendant no.4 in the suit and he now supports the defendant nos.1 and 2 in the suit. Defendant no.1 in this suit is Sh. Mohan Lal Anand, father of the plaintiff and defendant nos.2 to 4. Sh. Mohan Lal Anand has also since expired and now the main contesting defendant is Sh. Naresh Chander Anand, defendant no. Defendant no.3 is Sh. Ramesh Chander Anand, son of Sh. Mohan Lal Anand and the brother of the plaintiff and defendant nos. 2 and 4. Defendant no.3 supports the plaintiff.

(3.) Cs(Os) No.1588/2007 is filed by two plaintiffs Sh. Mohan Lal Anand and Sh. Naresh Chander Anand. This suit is a suit filed for possession of the ground floor of the suit property in possession of Sh. Paramjeet Anand, and who is the plaintiff in CS(OS) No.575/2001. The cause of action in this suit is that the suit property is a self-acquired property of Sh. Mohan Lal Anand and it is not an HUF property. Since Sh. Mohan Lal Anand is the owner of the suit property hence Sh. Paramjeet Anand, the defendant is a trespasser and who is liable to hand over possession of the ground floor of the suit property to the plaintiffs in CS(OS) No.1588/2007.