ROSHAN LAL Vs. MAN MOHAN KAUR

JUDGEMENT

(1.) THIS revision petition under Section 115 of the C.P.C. has been preferred with respect to the order dated 6th March, 2002 of the Additional District Judge holding the suit of the petitioner/plaintiff for the relief of recovery of possession of portions of ground, first and second floor of property No.C -8, Housing Society, NDSE, Part -I, New Delhi from the respondents, to the extent of the recovery of portions of the ground floor and first floor, to be barred under Order 2 Rule 2 of the C.P.C. The suit was ordered to sure only in respect of recovery of possession of portions of the second floor of the property.

(2.) NOTICE of this petition was issued and the Trial Court record sent for, though subsequently the same was sent back The respondents have filed their counter affidavit The petition has been languishing for the last seen years The counsels for the parties have been heard

(3.) IT is expedient to set out the facts The property No.C -8, Housing Society, NDSE, Part -I, New Delhi belonged to one Sh Tula Ram who died leaing wife Smt Prem Lata and adopted son iz the respondent no.1 herein The respondent no.2 is the wife of the respondent no.1 Smt Prem Lata being the widow of Sh Tula Ram, after the demise of Sh Tula Ram, filed a suit for permanent injunction against the respondents herein and also against the father and brothers of the respondent no.2 herein In the plaint in the said earlier suit, copy whereof has been handed over by the counsel for the petitioner during the course of the hearing, it was stated that Sh Tula Ram executed a Will in the shape of a declaration and in which he debarred the respondent no.1 from inheriting any share in the aforesaid house or in any of the immovable properties of Sh Tula Ram; that the respondents had harassed Sh Tula Ram and Smt Prem Lata during their lifetime and for this reason Sh Tula Ram had executed the declaration - cum -Will aforesaid It was further pleaded in the plaint in the earlier suit that on the demise of Sh Tula Ram his wife Smt Prem Lata had become absolute and sole owner of the property; that on the ground floor of the said property there were various tenants and one shop was in unauthorized and illegal possession of the respondent no.1; that the respondent no.1 was merely a licensee of Sh Tula Ram and was allowed to lie in one room and after the death of Sh Tula Ram occupied the other rooms also and continued to be a licensee and which license terminated on the death of Sh Tula Ram; that Smt Prem Lata requested the respondents to vacate the shop and the house on the first floor but they refused and rather beat and harass Smt Prem Lata; that on 5th July, 1994, the defendants in that earlier suit had asked Smt Prem Lata to sign some paper for transfer of the property It was pleaded in the plaint that the cause of action for filing the suit arose on 5th July, 1994 when the defendants in the suit extended the illegal threats to transfer the property and raised unauthorized construction thereon The suit was, therefore, instituted in the Court of Civil Judge, Delhi for a decree for permanent injunction restraining the defendants in that suit from selling, transferring or parting with possession of the property aforesaid.