Shri Chandra Gupt v. Shri Bharat Gupt & Anr

RAJIV SAHAI ENDLAW, J. MAY 31, 2018 "gsr".. (corrected & released on 11th June, 2018)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 31st May, 2018 + CHANDRA GUPT .... Plaintiff Through: Ms. Anju Lal & Ms. Shalu Lal, Advs. Versus BHARAT GUPT & ANR. …...Defendants Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The plaintiff has instituted the present suit for recovery of possession of "ground floor portion shown in red colour in the site plan filed by the plaintiff and the entire first floor including the portion shown in red colour in the site plan and the second floor" of property No.J-53, Ashok Vihar, Phase- I, Delhi-110052 along with mesne profits. A perusal of the site plan filed along with the plaint shows only one bed room with WC and bath on the ground floor and one bedroom with WC and bath on the first floor of the property shown in red colour. 2. The plaintiff, in the plaint has pleaded (i) that the plaintiff is the sole and absolute owner of the property No.J-53, Ashok Vihar, Phase-I, ad- measuring 300 sq. yds., by virtue of a Gift Deed dated 9th March, 2016 executed in his favour by his sister Mridula Garg; (ii) that the property, comprises of a two and a half storied residential house; (iii) that the defendant no.1 is the brother of the plaintiff and the defendant no.2 Yukti Gupt is the wife of defendant no.1; (iii) that the lease of the land underneath the property was granted to Ram Saran Gupta, father of the plaintiff and the defendant no.1, who had constructed the two and a half storied house thereon; (iv) that the defendants were residing in the house as members of the family of Ram Saran Gupta; (v) over a passage of time, relations of the defendants with Ram Saran Gupta and other family members deteriorated; (vi) that Ram Saran Gupta, on 13th December, 1991 filed a suit against the defendants, of mandatory injunction directing the defendants to remove themselves, their children and belongings from the property and to hand over possession thereof to Ram Saran Gupta; (vii) that Ram Saran Gupta in the said suit also sought mesne profits; (viii) that the defendant no.1 contested the said suit claiming to be in possession in his own right as owner and also filed a Counter Claim seeking to restrain Ram Saran Gupta from forcibly removing the defendants from the property; (ix) that Ram Saran Gupta expired on 28th August, 2006 leaving behind his widow Shakuntala Devi, daughter Mridula Garg, plaintiff and defendant no.1 as his sons, as his only natural heirs; (x) that the relationship of the defendants with the plaintiff and other family members remains strained after the demise of Ram Saran Gupta also; (xi) that upon demise of Ram Saran Gupta, the plaintiff, Mridula Garg and their mother Shakuntala Devi were substituted in place of Ram Saran Gupta in the suit aforesaid filed by Ram Saran Gupta against the defendants; (xii) that Ram Saran Gupta left a validly executed last Will dated 19th August, 1991 bequeathing the property in favour of his daughter Mridula Garg, with the condition that Mridula Garg, during the lifetime of Shakuntala Devi, would not be competent to sell, mortgage or otherwise alienate the property; (xiv) that Shakuntala Devi, under an oral family settlement reduced into writing on 24th April, 2009 with Mridula Garg, gave up all her rights in the property under the Will of Ram Saran Gupta; (xv) that the Delhi Development Authority (DDA) also mutated the leasehold rights in the land underneath the property in the name of Mridula Garg and has executed a Conveyance Deed of freehold rights in the land underneath the property in favour of Mridula Garg; (xvi) that Mridula Garg, out of love and affection for the plaintiff, has gifted the property to the plaintiff; (xvii) that the plaintiff requested the defendants to vacate the property but the defendants have not complied; (xviii) that the plaintiff also filed an application under Section 89 of the CPC in the suit aforesaid filed by Ram Saran Gupta, proposing settlement of disputes and the suit and the Counter