AMARJEET SINGH Vs. KULDEEP SINGH AND ANR

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 30.11.2011 by which the trial court has dismissed the suit for possession and mesne profits. Suit was originally filed by Smt. Shilawanti the mother of the two defendants. On the death of the original plaintiff, Smt. Shilawanti, her one other son Sh. Amarjeet Singh i.e the present appellant, was substituted in place of Smt. Shilawanti on an application being filed by him for his substitution, and which application for substitution was allowed on account of a Gift Deed dated 23.10.1998 (registered on 17.11.1998) executed by Smt. Shilawanti in favour of the present appellant Sh. Amarjeet Singh. It is also required to be noted that suit as originally filed by Smt. Shilawanti was through her husband and power of attorney holder Sh. Arjan Singh. The two respondents/defendants, namely Sh. S. Kuldeep Singh and Sh. Gurbachan Singh, are the sons of the original plaintiff Smt. Shilawanti and Sh. Arjan Singh. The present appellant Sh. Amarjeet Singh, the other son of Smt. Shilawanti, is thus the brother of the two respondents/defendants.

(2.) (I) In the subject suit which was filed by Smt. Shilawanti against her two sons there is no dispute as regards the ownership originally of Smt. Shilawanti of the suit property being the first floor and second floor of E-216, New Rajinder Nagar, New Delhi. Smt. Shilawanti as per the subject suit prayed for possession and mesne profits on account of the respondents/defendants being licencees but who had failed to vacate the suit premises in spite of service of notice dated 17.5.1994 terminating their gratuitous licence. It is also to be noted that Smt. Shilawanti/original plaintiff pleaded that she got two public notices issued in two newspapers on 23.5.1994 disinheriting her two sons being the two respondents/defendants, from all the movable and immovable assets of Smt. Shilawanti.

(3.) The following issues were framed in the suit:-