RFA--729/2019. Case: SUNAINA DEVI & ANR Vs. RAKESH VATSA & ANR. High Court of Delhi (India)

Case NumberRFA--729/2019
CitationNA
Judgement DateAugust 13, 2019
CourtHigh Court of Delhi (India)

Date of Decision: 13.08.2019

+ RFA No.729/2019

SUNAINA DEVI & ANR ..... Appellants

Through Mr.Bipin Jha, Adv.

versus

RAKESH VATSA & ANR ..... Respondents

Through Nemo.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

REKHA PALLI, J (ORAL)

CM No.36083/2019 (for exemption)

  1. Exemption allowed, subject to all just exceptions.

  2. The application is disposed of.

    CM No.36085/2019 (for condonation of delay in filing)

  3. This application has been filed by the appellant seeking condonation of 60 days’ delay in filling the appeal.

  4. For the reasons stated in the application, the same is allowed. The delay of 60 days in filing the appeal is condoned.

  5. The application is disposed of.

    CM No.36086/2019 (for condonation of delay in re-filing)

  6. This application has been filed by the appellant seeking condonation of 66 days’ delay in re-filling the appeal.

  7. For the reasons stated in the application, the same is allowed. The delay of 66 days in re-filing the appeal is condoned.

  8. The application is disposed of.

  9. The present appeal impugns the judgment and decree dated 27.11.2018 passed by the learned Additional District Judge, Central District, Tis Hazari Courts, Delhi in CS No.610691/16, whereunder the suit for possession and injunction instituted by the respondents/plaintiffs has been decreed in their favour. Under the impugned judgment, a decree for possession and mandatory injunction has been passed against the appellants restraining them, their relatives, agents and employers from creating third party rights in or from transferring the possession of the suit property situated at no.10/19A, First Floor (Part of one building), Ward No. 1, Yog Maya Mandir, Mehrauli, New Delhi-30(‘suit property’ for short).

  10. The brief facts emerging from the record are that the respondent no.1/plaintiff, claiming to be the grandson of Shri Suraj Narayan Vatsa, instituted the aforesaid suit against the appellants claiming therein that the suit property which was owned by his grandfather, had been bequeathed in his favour by way of a registered Will dated 31.07.1996. The suit property had been given on lease to Shri Lakheshwar Jha, the father-inlaw of appellant no.1 and father of appellant no.2, at a monthly rent of Rs.100/- in the year 1981. It was claimed that Shri Lakheshwar Jha was provided with electricity and water by way of connections which were sanctioned in the name of respondent no.1’s grandfather. It was further claimed that even though the suit property had been given on rent to Shri Lakheshwar Jha, he colluded with both the appellants to file a suit bearing no.631/1993 for grant of relief of permanent

    viz., Yog Maya Mandir Samsthan. The said suit came to be dismissed by the trial Court which dismissal has now attained finality. Thereafter, the appellant no.1 filed yet another suit being Suit No.548/04 this time against one Shri Mool Chand Patwari seeking permanent injunction and other consequential reliefs, which suit also came to be dismissed. It was further claimed in the subject suit that since both the appellants were mere trespassers who were unauthorisedly staying in the suit property by claiming an independent right to continue residing in the suit property and, therefore, were liable to hand over vacant possession of the said property to the respondents.

  11. Before the trial Court, the appellants/ defendant nos. 1 and 2 filed a common written statement refuting the respondents’ claim and reiterating that the suit property was owned by Shri Mool Chand Patwari and that the possession thereof had been handed over to Shri Lakheshwar Jha by Yog Maya Mandir Samsthan and not by the respondents’ grandfather. They further claimed that the...

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