SHANKAR LAL Vs. RAJINDER SINGHAL & ORS

JUDGEMENT

(1.) C.M. Appl. No. 43446/2018 (for exemption)

(2.) 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 18.07.2018 by which the trial court has dismissed the suit for possession and mesne profits filed by the appellant/plaintiff with respect to the area shown in red colour in the site plan attached to the plaint which forms a part of the property bearing no. W-24, Okhla Industrial Area, Phase-II, New Delhi. When we look at the site plan, which is at page 97 of the appeal paper book, it is seen that the disputed portion is essentially about half of the basement and mezzanine floor and the portion above the mezzanine floor, which is called, the first floor.

(3.) The facts of the case are that the appellant/plaintiff pleads that the entire property W-24, Okhla Industrial Area, Phase-II, New Delhi was purchased with the joint funds of the father Sh. Ghasi Ram and his two sons Sh. Moti Lal and Sh. Shankar Lal (appellant/plaintiff herein). Between the father and the two sons, including the appellant/plaintiff, Sh. Shankar Lal, a compromise was entered into in a partition suit filed by Sh. Moti Lal. As per the Compromise Deed dated 11.01.1994, whereas 60% of the ground floor came to be owned by one son Sh. Moti Lal, 40% of the ground floor came to be owned by the other son i.e. the appellant/plaintiff, Sh. Shankar Lal. The father, Sh. Ghasi Ram, came to be the owner of the basement and the mezzanine floor of the property. The father, Sh. Ghasi Ram, is pleaded to have executed a Will dated 21.01990 bequeathing portions of the ground floor and first floor to his two sons being Sh. Shankar Lal, the appellant/plaintiff, and Sh. Moti Lal, the other son. It was pleaded that the respondent/defendant took illegal and unauthorised possession of the disputed portions which had been bequeathed to the appellant/plaintiff, and the respondent/defendant also inducted a tenant in the basement portion and started realising rent. Hence, the subject suit for possession and mesne profits was filed with respect to the area shown in the red colour in the site plan Ex. PW1/10.