S.P. GUPTA Vs. RUCHI AGARWAL

JUDGEMENT

(1.) THIS application under Section 24 read with Section 151 CPC has been made by the plaintiff herein for transfer of a suit bearing No. 452/2007 pending before Mr. Sumit Dass, Civil Judge Tis Hazari to this Court on the ground that both the suits (the instant suit & Suit No. 452/2007) were in respect of the same property and the plaintiff herein is defendant and the defendant herein is mother of the plaintiff in the suit before the Civil Judge.

(2.) A perusal of the two suits shows that in suit No. 452/2007, filed before the Civil Judge, plaintiff Mr. Nikesh Agarwal son of Ruchi Agarwal has pleaded that the property No. F -3, NDSE, Part -II, New Delhi, initially belonged to his grandmother Mrs. Sumitra Agarwal and through her Will had gone to his grandfather Mr. Radhey Shyam Agarwal. After death of Mr. Radhey Shyam Agarwal, in a family partition the property had fallen to his share and he had become owner of the property. The defendant Mr. S.P. Gupta (plaintiff in the instant suit) was in the permissive occupation of the property as a licensee, being a relative and he refused to vacate the property despite request so he filed a suit seeking decree of mandatory injunction against the defendant directing the defendant to quit the premises. And he also claimed mesne profits and damages @ Rs. 20,000 p.m. for the unauthorized use and occupation of the said property.

(3.) THERE is no doubt that the two suits are in respect of the same property and the rights of the parties inter se are to be determined after taking into account the claims of the parties and their evidence. I consider that it would be appropriate that suit pending before the Civil Judge is transferred to this Court and both the suits are tried together before this Court. The application is allowed. The Civil Judge Mr. Sumit Dass before whom the suit is pending is directed to send suit No. 452/2007, along with entire record, documents and evidence so far recorded in the suit to this Court within 10 days of receipt of the order.