LT. COL R.R. CHANDRA Vs. SANDEEP CHANDRA

JUDGEMENT

(1.) THE plaintiff seeks a decree for possession and consequent permanent and mandatory injunction against his son, the defendant, who occupies a portion of the suit property, being S -207, Greater Kailash II, New Delhi.

(2.) THE suit averments are that the plaintiff, a retired army officer, is the sole and absolute owner of the entire suit property, which he purchased with his funds and income. His wife is a medical doctor; she, like him is a senior citizen. Both are maintaining themselves with pension and rental income, received by letting out the second floor of the suit property. The defendant is their elder son. The plaintiff claims that the defendant was given the best education, having graduated in commerce honours from the Bhagat Singh College; he is also a diploma holder in personnel and marketing management, from Delhi University. He is also a management graduate (MBA) from the Faculty of Management Studies, Delhi University. It is contended that the entire expenses for the defendant's education were borne by the plaintiff; the latter's younger son, Anuj Chandra is a medical doctor, settled in the United States of America (USA).

(3.) THE plaintiff says that the defendant had acquired a residential property, i.e. 27, Siddharth Enclave, which was mainly funded by him (the plaintiff). He had let it out, and used to get rents; the property was, however, sold by the defendant in 2004; he retained the entire sale proceeds. It is alleged that despite giving the best education to the defendant, the latter does not show any regard or respect to his elderly father, and behaves arrogantly. It is alleged that the defendant routinely does not allow the plaintiff's guests to visit him. The defendant, says the plaintiff, threatens to implicate him (the plaintiff), his wife (i.e. his mother) and the younger brother, in criminal cases. The plaintiff says that the defendant's behaviour is cruel, harsh and inhuman; often due to his shouting, he (the plaintiff) gets severe palpitations and his blood pressure rises. His doctors have advised him to avoid stress, yet, the defendant inconsiderately persists in his ill -treatment.