O P KURECHIA Vs. MANJU

JUDGEMENT

(1.) Appellant is aggrieved by the judgement dated 14.8.1997, passed by the learned Additional District Judge, whereby he decreed the respondents' suit for possession and injunction as well as for recovery of damages and directed an enquiry into mesne profits.

(2.) Respondent Ms.Manju and her brothers had filed the suit claiming that she and her brothers were the owners of Plot bearing No.149, Block H- II, Sultanpuri, JJ Colony, Delhi, since it was allotted to their deceased father, Shri Krishan Lal son of Shri Atma Ram. Shri Krishan Lal is stated to have died in a road accident on 22.1.1986. Respondent Manju, while searching for certain papers, found the original allotment letter in the name of her father and made inquiries about the plot. On visiting the site, she found that appellant was in possession of the plot and had raised structures thereon. She apprised the appellant that the plot belonged to her late father but the latter refused to entertain her. A report was lodged with the police. Assistance was also sought from the Delhi Legal Aid and Advice Board, but to no avail. Hence, the respondents were constrained to file the suit.

(3.) The case of the respondents is that late Shri Krishan Lal had divorced their mother Veena and the latter had re-married. The respondents were minors at the time of allotment of the plot vide letter No.D/AZO/NZA/Allotment/83/847 dated 20.12.1983. The allotment of the plot was in lieu of the demolition of a room of their father at Mehrampur.