PRATAP PAWAR Vs. PRIYA PAWAR

JUDGEMENT

(1.) . This is a suit for declaration and permanent injunction with the contentions, inter alia, that the plaintiff is the real and beneficial owner of the flat at ground floor, Block D-III/3322, Vasant Kunj, New Delhi (hereinafter referred to as the "said flat") lease hold rights of which were purchased from the defendant No.2 in the name of defendant No.1 (wife of the plaintiff) for the benefit of the plaintiff out of the funds provided by the plaintiff; that the said flat was being held in trust by defendant No.1 on behalf of the plaintiff; that the plaintiff has been in lawful occupation of the said flat; that the plaintiff paid a sum of Rs.4 lacs to the defendant No.2 in respect of the instalments payable to defendant No.2; that those payments were made from the accounts of the plaintiff being State Bank of India, Parliament Street, New Delhi and the State Bank of Indore; that the matrimonial relations between the plaintiff and defendant No.1 deteriorated and collapsed due to cruelty on the part of defendant No.1; that the defendant No.1 had thrown out the plaintiff from their matrimonial home at London and consequently the plaintiff came to India on December 8, 1994 and since then he has been residing in the said flat alongwith his widowed sister.

(2.) . The plaintiff further contends that he received a threat from defendant No.1 on December 15, 1994 that she would dispossess him forcibly; that Shri Vijay Chakraborty, brother of defendant No.1 also similarly threatened the plaintiff in October/November, 1994.

(3.) . On the basis of the aforesaid averments the plaintiff seeks the following reliefs :