REGENT COMPUTRONICS PVT. LTD.

Capt (Retd ) O P Sharma And Anr Appellant

V/S

Kamla Sharma And Ors Respondents

Referred Judgements :-

JUDGEMENT

(1.) In the present appeal, the appellants have assailed the judgment and decree passed by the learned Single Judge of this Court dated 8th December, 1999 in Suit No. 2548 of 1992 whereby tire suit of the appellants for possession in respect of Second Floor/Barsati Room of premises No. B-142-143, Anar Colony, Lajpat Nagar, New Delhi and mesne profits as claimed against the respondents was dismissed.

(2.) The undisputed facts before us are that Late Shri Parmanand Sharma, father of the appellants and Shri Anand Swaroop Sharma predecessor-in-interest of the defendants/respondents was the owner of Plot No. B-142, Amar Colony, Lajpat Nagar, New Delhi being the allottee/owner of the said plot by the Ministry of Rehabilitation, Government of India. Late Shri Parmanand Sharma purchased Plot No. B-143, Amar Colony, Lajpat Nagar, New Delhi measuring over 100 sq. yards by way of a registered Sale Deed dated 11.12.1962 (Ex. DW 2/1) from one Shri Basant Lai Taneja. Late Shri Parmanand Sharma built two floors and a Barasati floor on the said two plots in 1964-65. Late Shri Parmanand Sharma along with his family members started residing on the ground floor of the house whereas first floor and Barsati floor were let out to various tenants. Shri Anand Swaroop Sharma son of Shri Parmanand Sharma and employed in the Collectorate of Central Excise and Customs, Delhi was allotted a plot of land bearing No. B-136, Amar Colony, Lajpat Nagar, New Delhi by the Ministry of Rehabilitation at the same time when Late Shri Parmanand Sharma was allotted Plot No. B-142, Amar Colony, Lajpat Nagar. Shri Anand Swaroop Sharma died in a road accident on 1st August, 1972. Thereafter, defendant/respondent Smt. Kamla Sharma, his wife and three children were brought by Late Shri Parmanand Sharma to his house and they also started living with him on the ground floor of the said property. With the passage of time, the present appellants also got married and due to increase in the need for accommodation on the ground floor Smt. Kamla Sharma (died during the pendency of the case) and her children, namely, Sunil Kumar, Anil Kumar and Ravi Kumar were shifted to the Barsati floor of the said property. Ravi Kumar Sharma also expired during the pendency of the suit in August 26, 1994. His wife and minor child being his legal representatives (LRs) were added as defendants/respondents in the memo of parties. Shri Anand Swaroop Sharma was a member of the co-operative society and on his death Plot No. 38, Priya Enclave was allotted to Smt. Kamla Sharma by the society. The said plot has been constructed by the defendants/respondents in the year 1988-89. Shri Sunil Kumar Sharma, respondent No. 2 was given appointment in the Collectorate of Central Excise and Customs Delhi on compassionate ground on the death of his father Late Shri Anand Swaroop Sharma. Shri Sunil Kumar, respondent No. 2 was allotted Government accommodation at L-II/125-A, Kalkaji, New Delhi in the year 1989.

(3.) The appellants have claimed the right and title in the suit property presently in possession of the respondents on the basis of a Will dated 22nd May, 1984 executed by Late Shri Parmanand Sharma and duly registered with the Sub-registrar whereby Late Shri Parmanand Sharma excluded the respondents from inheritance of his various properties including the property in dispute. Late Shri Parmanand Sharma died on 24th July, 1985 leaving his last Will and testament dated 22.5.1984. On the basis of the said Will the appellants applied to the office of L&DO, Nirman Bhawan for substitution of their names with regard to the lease hold rights in respect of the property No. B-142/143, Amar Colony, Lajpat Nagar, Delhi. All the other legal heirs of deceased Late Shri Parmanand Sharma gave their no objections to the mutation of the property in the names of the appellants except the respondents. The respondents filed two separate suits, one for declaring the Will dated 22.5.1984 as forged and fabricated document and was null and void, etc. and the other suit for permanent injunction for restraining the appellants from dispossessing them from the suit property i.e. the second floor in their possession. The said two suits are pending adjudication. Hence, the present suit filed by the appellants seeking possession of the suit property and mesne profits for use and occupation.

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CAPT (RETD ) O P SHARMA & ANR Vs. KAMLA SHARMA & ORS

Referred Judgements :-

JUDGEMENT

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