SURENDRA KUMAR AHUJA Vs. WAZEER CHAND AHUJA

JUDGEMENT

(1.) This civil revision has been preferred against the judgment and order dated 1.11.2012 passed by the Civil Judge, Senior Division, Meerut in Original Suit No. 1206 of 2009 (Wazeer Chand Ahooja Vs. Surendra Chand Ahuja). By the impugned order the trial court has decided a preliminary issue with regard to insufficient court fee.

(2.) The essential facts of the case are that one Wazeer Chand Ahuja (since deceased) instituted a suit seeking a mandatory injunction to his son/ defendant to deliver the possession of the property to the plaintiff, failing which the possession be delivered to the plaintiff through process of the court. A further relief was sought to award the damages at the rate of Rs. 10,000.00 per month during the pendency of the suit until the possession is delivered to the plaintiff.

(3.) The plaintiff's case was that the property in dispute is a residential house which is a self acquired property. His name is recorded in the municipal records and he has been regularly paying the taxes. The plaintiff has no source of income and he is living in House No. 8-D, Prahlad Nagar, near Geeta Bhawan, Meerut. The said house consists of only one room and a verandah on ground floor and one room at the first floor. In the said accommodation the plaintiff is living with one of his sons Ashok Kumar Ahuja, his wife and grandsons. Six persons are living in the said accommodation.