ASMA PRAVEEN Vs. BADRU NISA & ORS

JUDGEMENT

(1.) The Respondents/Plaintiffs - Smt. Badru Nisa and Sh. Parvez Ahmed wife and son, respectively of Late Sh. Faiz Ahmed (hereinafter "Plaintiffs"), filed a suit for possession and permanent injunction against the Appellants/Defendants - Sh. Shakeel Ahmed, Sh. Wakeel Ahmed and Smt. Asma Parveen (hereinafter "Defendants"). The said suit was decreed by the Trial Court in the following terms:

(2.) The case of the Plaintiffs is that Late Sh. Faiz Ahmed and Plaintiff No.1- Smt. Badru Nisa had purchased the suit property bearing municipal no. 2198, Pahari Bhojla, Bajar Chitli Qabar, Jama Masjid, Delhi (hereinafter "Suit Property"). One Sh. Rahat Hasan was the tenant in the suit property. He passed away on 28th November, 2010. He was alone and had no children. The Plaintiffs pleaded that the Defendants, upon the death of Sh. Rahat Hasan put their locks on the suit property and took possession of it. The Plaintiff No.1 who is 71 years old visited the suit property after hearing about the death of Sh. Rahat Hasan about 2 to 3 days later. She found that the premises were locked. She thereafter lodged a complaint on 21st December, 2010 with the local Police after making enquiries in the neighbourhood. The local Police registered an FIR No.8 dated 27th January, 2011. The Defendants were arrested by Police and were released on Bail.

(3.) Defendants No.1 and 2 are real brothers and Defendant no.3 - Smt. Asma Parveen is their sister. Smt. Asma Parveen filed a suit for injunction on 15th January, 2011 against the Plaintiff no.1. She pleaded in the said suit that she was nominated by the tenant, Sh. Rahat Hasan as his nominee in his LIC policy. She is the niece of Sh. Rahat Hasan and was dependent upon him for her residence. She claimed to be in possession of the suit property. She further claimed that Sh. Rahat Hasan had an electricity and water connection in his name. Accordingly, she had prayed for an injunction. The said suit was disposed of on 14th December, 2011 when the Defendants therein i.e. the Plaintiffs herein agreed that they will not forcibly dispossess Smt. Asma Parveen without adopting due process of law.