Vinod Kumar Dhall vs Dharampal Dhall (Deceased) Through His ...

4. The plaintiff – Dharampal Dhall came with a case that he acquired the leasehold rights on plot admeasuring 149.33 square yards under the perpetual lease deed granted by the President of India in his favour and registered on 31.01.1966. The plaintiff raised a construction over the plot and obtained the necessary sanction from the competent authority as per the site plan and got installed electricity, water, and sewerage connections in the premises. However, it was stated in the plaint itself that entire family started living in the said house. The marriage of plaintiff, as well as defendants and all sisters, were solemnized from the house in question. When the relationship of Defendant No.2- the sister of the plaintiff, became strained with her husband, she started living in the said house along with her daughter. Defendant No.1 for some time in 1971 had resided out of Delhi. Father of the parties – Kashmiri Lal Dhall died on 10.08.1980, leaving behind 3 several properties at Delhi. Defendant No.1 started living separately with effect from the year 1986. He acquired a house at Moti Nagar, New Delhi, and one more residential accommodation, i.e., GH-1/318, Pashchim Vihar, New Delhi.

5. It was further averred in the plaint that the mother of the parties died in the premises in question in the year 1990. The house remained in the custody/ possession of the Defendant No.2. At the relevant point of time, the plaintiff was posted at Bombay. The house was furnished. Furniture of the plaintiff was still lying in the house. Plaintiff came back to Delhi in the year 1993. However, at the same time, Defendant No.2 was permitted to occupy the house. Later on, it was found that Defendant No.1 had also started living in the said house. The plaintiff asked defendants to vacate the premises. They did not do so. Though, Defendant No.2 had shifted residence in January 1995. Hence, the suit was filed, after serving notice dated 30.6.1995. Defendant No.1 was ousted from the house by the 4 mother in the year 1986. Thus, he had no right in the house. The conduct of Defendant No.1 was not proper with the plaintiff.

6. In the written statement filed by Defendant No.1, it was contended that the suit was not properly valued. The defendant had been occupying the premises since the year 1966. The suit was barred by limitation and was not maintainable. The allotment of the plot was obtained initially in the name of Kumari Sneh Lata, who was the eldest child of late Kashmiri Lal Dhall. The father of the parties obtained it in the year 1963 from the Delhi Development Authority (DDA). The entire amount was paid by late Kashmiri Lal to the DDA. Subsequently, construction was raised in 1965-66 by Kashmiri Lal out of his own money. At that time. Plaintiff was only a student studying at IIT, Kharagpur, West Bengal. The possession of the defendant was in the capacity of the owner. The plaintiff had no source of income at the relevant point of time. No gift deed had been made by any person in plaintiff’s 5 favour. They are four sisters and two brothers, left as legal representatives of late Shri Kashmiri Lal. The suit was bad for non-joinder of necessary parties. The plaintiff was, thus, not entitled to any relief.

19. In view of the aforesaid, we have no hesitation in allowing the appeals and dismiss the suit filed by the plaintiff-respondents. Thus, we order accordingly. No order as to costs. Pending application, if any, shall stand disposed of.